Legal Studies Multiple Choice Quiz: Test Your Hsc Knowledge!
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The president of a nation-state is accused of war crimes. Where would this case be prosecuted?
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International Criminal Court
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International Court of Justice
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United Nations Security Council
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United Nations Human Rights Council
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Welcome to our "Legal Studies Multiple Choice Quiz: Test Your HSC Knowledge!" This interactive quiz is designed to be an engaging and effective way for HSC students and anyone interested in legal studies to assess their understanding of key concepts and principles.
Our quiz covers a wide range of topics within legal studies, including areas like criminal law, and human See morerights. You'll find a series of multiple-choice questions that will challenge your knowledge and critical thinking skills. Whether you're preparing for your HSC exams or just want to brush up on your legal studies knowledge, this quiz is an excellent resource.
Why choose a multiple-choice format? It's a practical way to assess your knowledge quickly and efficiently. Plus, you'll receive instant feedback on your performance, allowing you to identify areas where you may need more practice or study.
Don't miss this opportunity to enhance your understanding of legal studies. Take the "Legal Studies Multiple Choice Quiz" and see how well you can apply your knowledge to real-world scenarios. It's an essential tool for HSC success and anyone interested in the field of legal studies. Good luck!
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- 2.
A person who has no previous criminal record commits a minor crime. The judge finds the person guilty of the offence but does not record a conviction. What is this an example of?
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Judicial error
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Restorative justice
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Judicial discretion
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A suspended sentence
Correct Answer
A. Judicial discretionExplanation
This is an example of judicial discretion. Judicial discretion refers to the power of a judge to make decisions based on their own judgment and interpretation of the law, rather than being bound by strict guidelines or mandatory sentences. In this case, the judge exercised their discretion by finding the person guilty of the offence but not recording a conviction, likely taking into consideration the individual's lack of previous criminal record and the minor nature of the crime committed.Rate this question:
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- 3.
A group of people living within a nation state wants to exercise its collective right to influence legal decisions about the land on which they live.
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Peace rights
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Self-determination
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Environmental rights
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Limitations on free speech
Correct Answer
A. Self-determinationExplanation
The concept of self-determination refers to the ability of a group of people to freely determine their political status and make decisions about their own economic, social, and cultural development. In this scenario, the group of people living within the nation state wants to exercise their collective right to influence legal decisions about the land they live on, which aligns with the idea of self-determination. They seek to have a say in the governance and control of their own territory, reflecting their desire for autonomy and self-governance.Rate this question:
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- 4.
An employee of a bank becomes aware of confidential information which will increase the bank's share price. Before the information is publically released, the employee buys shares in the bank. What is this an example of?
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A conspiracy
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A preliminary offence
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An economic offence
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A public order offence
Correct Answer
A. An economic offenceExplanation
This scenario is an example of an economic offence. The employee is using insider information to gain an unfair advantage in the stock market by buying shares before the information is made public. This is considered illegal and unethical as it undermines the fairness and integrity of the financial markets.Rate this question:
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- 5.
An offender and the victim of the crime attend a meeting to discuss the impact of the crime on the victim. What is this an example of?
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Retribution
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Restorative justice
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Charge negotiation
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A community service order
Correct Answer
A. Restorative justiceExplanation
Restorative justice is an approach that focuses on repairing the harm caused by a crime through dialogue and involvement of the offender, victim, and community. In this scenario, the offender and victim attending a meeting to discuss the impact of the crime on the victim aligns with the principles of restorative justice, as it aims to address the needs of the victim and promote accountability and understanding on the part of the offender. This process allows for the possibility of healing, rehabilitation, and reconciliation for all parties involved.Rate this question:
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- 6.
Evidence recorded by camera shows a person committing a crime. At the court hearing, the prosecution does not have to prove the person's intention to commit the crime. For which crime was this person charged?
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Assaulting a stranger
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Speeding in a school zone
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Stealing money from an employer
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Planning to break into a neighbour's house
Correct Answer
A. Speeding in a school zoneExplanation
The person was charged with speeding in a school zone. In this case, the evidence recorded by the camera shows the person committing the crime of speeding in a school zone. The question states that the prosecution does not have to prove the person's intention to commit the crime, which implies that the crime of speeding in a school zone does not require proof of intention. Therefore, this is the crime for which the person was charged.Rate this question:
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- 7.
A government decides to withdraw from its obligations under the International Covenant on Civil and Political Rights and blocks access to the internet for non-government organisations. What is this an example of?
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The government excercising state sovereignty
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The government limiting universal suffrage
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The role of the media in promoting self-determination
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Non-government organisations excercising statutory powers
Correct Answer
A. The government excercising state sovereigntyExplanation
This is an example of the government exercising state sovereignty. By withdrawing from its obligations under the International Covenant on Civil and Political Rights and blocking internet access for non-government organizations, the government is asserting its authority and control over its own territory and decision-making processes. This action demonstrates the government's exercise of its sovereign power to determine and enforce its own laws and policies without external interference or obligations.Rate this question:
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- 8.
Police recieve information that a suspect's house is being used to manufacture large quantities of drugs for sale interstate. In which of the following situations can police search the suspect's house?
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A warrant has been granted.
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A summons has been served.
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The prosecutor authorises a search.
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The Public Defender authorises a search.
Correct Answer
A. A warrant has been granted.Explanation
The police can search the suspect's house only when a warrant has been granted. A warrant is a legal document issued by a judge or magistrate that gives the police the authority to search a specific location and seize evidence. It is obtained by presenting sufficient evidence to establish probable cause that a crime has been committed and that evidence related to the crime can be found at the location to be searched. A warrant ensures that the search is conducted within the boundaries of the law and protects individuals from unreasonable searches and seizures.Rate this question:
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- 9.
A woman was charged with murder. During her trial, she successfully raised a defence and was found guilty of manslaughter. Which defence did she raise?
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Aggravation
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Mental illness
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Provocation
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Self-defence
Correct Answer
A. ProvocationExplanation
The woman raised the defence of provocation during her trial. This defence suggests that she committed the crime due to being provoked by the victim's actions or words, which caused her to lose control of her emotions. By successfully raising this defence, she was able to convince the court that her actions should be considered as manslaughter instead of murder, as her response was influenced by the provocation she experienced.Rate this question:
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- 10.
A member of parliament tries to influence a decision being made by the High Court. What is this a breach of?
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Common law
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Division of powers
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Separation of powers
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The Charter of Rights
Correct Answer
A. Separation of powersExplanation
This is a breach of the principle of separation of powers. The principle of separation of powers refers to the division of government powers into three separate branches - the legislative, executive, and judicial branches. Each branch has its own distinct functions and responsibilities to ensure checks and balances. In this case, a member of parliament, who belongs to the legislative branch, is trying to influence a decision being made by the High Court, which belongs to the judicial branch. This undermines the independence and impartiality of the judiciary, violating the principle of separation of powers.Rate this question:
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- 11.
Which of the following is correct about a person's right to legal aid when on trial for a serious indictable offence?
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All accused persons have the right to legal aid.
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The right to legal aid is only available in the Supreme Court.
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Defendants only have the right to legal aid if they plead guilty.
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A person has the right to legal aid if an injustice is likely to occur.
Correct Answer
A. A person has the right to legal aid if an injustice is likely to occur.Explanation
A person has the right to legal aid if an injustice is likely to occur. This means that if there is a risk of an unfair trial or if the person is unable to adequately defend themselves, they have the right to receive legal aid. This ensures that everyone, regardless of their financial situation, has access to legal representation and a fair trial.Rate this question:
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- 12.
A person has finished a two-year prison sentence. The Minister for Immigration has now authorised the deportation of the ex-prisoner. Which of the following is true?
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The ex-prisoner is not an Australian citizen.
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The High Court cannot review this decision.
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The ex-prisoner must agree to the deportation.
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The Minister for Immigration does not have this power.
Correct Answer
A. The ex-prisoner is not an Australian citizen.Explanation
The correct answer is that the ex-prisoner is not an Australian citizen. This can be inferred from the fact that the Minister for Immigration has authorized their deportation. If the ex-prisoner were an Australian citizen, they would not be subject to deportation by the Minister for Immigration.Rate this question:
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- 13.
Which of the following is true of judicial guidelines?
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They are set by the parliament to structure law making processes.
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They are set by the NSW Law Reform Commission to provide for fairness.
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They are set by the Director of Public Prosecutions to guide judges in decision making.
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They are set by the NSW Court of Criminal Appeal to assist judges when applying discretion.
Correct Answer
A. They are set by the NSW Court of Criminal Appeal to assist judges when applying discretion.Explanation
Judicial guidelines are set by the NSW Court of Criminal Appeal to assist judges when applying discretion. This means that these guidelines provide a framework or reference for judges to consider when making decisions in cases that involve discretionary powers. The guidelines help ensure consistency and fairness in the application of the law by providing guidance on how judges should exercise their discretion in various situations.Rate this question:
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- 14.
A person is arrested for a serious crime. He excercises his right to remain silent before the trial. However at his trial, he gives evidence that he was not at the crime scene. Which of the following is true?
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The judge can instruct the jury that this evidence may not be reliable.
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The prosecution cannot cross-examine the accused on this new evidence.
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The jury can ask the accused why he did not raise this evidence earlier.
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The accused does not have the right to raise this evidence during the trial.
Correct Answer
A. The judge can instruct the jury that this evidence may not be reliable.Explanation
The judge can instruct the jury that this evidence may not be reliable because the accused exercised his right to remain silent before the trial. This implies that the accused did not provide this alibi or evidence earlier, which could raise doubts about its credibility. The judge can caution the jury to consider this factor when evaluating the accused's testimony.Rate this question:
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- 15.
Which of the following best explains state sovereignty?
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A head of state can make all laws
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A head of state can enter into international treaties
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Nation states are in control of their own domestic affairs
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Nation states can intervene to protect human rights in other nations
Correct Answer
A. Nation states are in control of their own domestic affairsExplanation
State sovereignty refers to the authority and power of a nation state to govern itself and make decisions within its own borders without interference from external forces. This means that nation states have the autonomy to control their own domestic affairs, including making laws and policies that are applicable within their territory. This concept emphasizes the independence and self-determination of nation states, allowing them to exercise their own political, economic, and social systems without external interference.Rate this question:
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- 16.
Which of the following best describes criminal law in NSW?
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Public law that uses the advesary system
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Public law that uses the inquisitorial system
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Private law that uses the adversary system
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Private law that uses the inquistorial system
Correct Answer
A. Public law that uses the advesary systemExplanation
Criminal law in NSW is a type of public law that utilizes the adversary system. In an adversary system, two opposing parties present their arguments and evidence before a neutral judge or jury who then decides the outcome of the case. This system ensures a fair and balanced process where both sides have the opportunity to present their case and challenge the evidence and arguments of the opposing party. Criminal law deals with offenses committed against society as a whole and is enforced by the government through the criminal justice system.Rate this question:
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- 17.
Michael travels by public transport to his office in the city. He has been caught travelling without a valid ticket. What types of offences have been committed by Michael?
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Summary and public order
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Summary and strict liability
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White collar and public order
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White collar and strict liability
Correct Answer
A. Summary and strict liabilityExplanation
Michael has committed the offences of summary and strict liability. The offence of travelling without a valid ticket is categorized as a summary offence because it is a minor violation that is typically dealt with by a magistrate in a summary court proceeding. Additionally, it is a strict liability offence, meaning that the prosecution does not need to prove intent or knowledge on the part of the offender. Simply the act of travelling without a valid ticket is sufficient to establish guilt.Rate this question:
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- 18.
Sam helped Chris plan a crime. Chris drove to Sam's house on his way to a bank. Sam gave Chris a weapon. Sam then stayed home. Chris used the weapon to rob the bank. What is Sam likely to be charged with?
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Accessory after the fact
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Accessory before the fact
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Prinicpal in the first degree
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Prinicipal in the second degree
Correct Answer
A. Accessory before the factExplanation
Sam is likely to be charged with "Accessory before the fact" because he helped Chris plan the crime by giving him a weapon, knowing that Chris intended to use it to rob the bank. Even though Sam did not directly participate in the actual robbery, his actions before the crime make him an accessory to it.Rate this question:
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- 19.
Belinda is on trial for treason. Who has the role of ensuring that this trial is conducted fairly?
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Jury
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Judge
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Magistrate
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Public defender
Correct Answer
A. JudgeExplanation
The judge has the role of ensuring that the trial is conducted fairly. As a neutral and impartial party, the judge is responsible for interpreting and applying the law, maintaining order in the courtroom, ruling on objections and evidence, and ensuring that both the prosecution and defense have a fair opportunity to present their case. The judge also instructs the jury on the law and guides them in reaching a verdict based on the evidence presented.Rate this question:
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- 20.
The Internation Covenant on Economic, Social and Cultural Rights is an example of which of the following?
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A statute
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A treaty
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Common law
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Customary law
Correct Answer
A. A treatyExplanation
The International Covenant on Economic, Social and Cultural Rights is an example of a treaty because it is a legally binding agreement between countries. Treaties are negotiated and signed by sovereign states to establish rights, obligations, and cooperation on specific issues. In this case, the Covenant outlines the economic, social, and cultural rights that states must respect and protect. Treaties are an important tool in international law for addressing global issues and promoting cooperation among nations.Rate this question:
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- 21.
Which court has appeallate jurisdiction to hear criminal law matters?
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Local Court
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District Court
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Cororner's Court
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Children's Court
Correct Answer
A. District CourtExplanation
The District Court has appellate jurisdiction to hear criminal law matters. This means that individuals who are dissatisfied with the decision made by a lower court can appeal to the District Court for a review of the case. The District Court has the authority to reexamine the evidence, assess the law, and make a new decision on the matter. This allows for a higher level of review and ensures that justice is served in criminal cases.Rate this question:
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- 22.
Which of the following requires a person to attend court?
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Caution
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Arrest
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Summons
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Infringement notice
Correct Answer
A. SummonsExplanation
A summons is a legal document that requires a person to appear in court. It is typically issued by a court or a legal authority and serves as a formal notice to the individual that they are required to attend court proceedings. Unlike a caution, arrest, or infringement notice, a summons specifically mandates the person's presence in court. Therefore, the correct answer is summons.Rate this question:
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- 23.
Which of the following is a purpose of punishment?
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Interrogation
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Imprisonment
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Rehabilitation
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Restorative Justice
Correct Answer
A. RehabilitationExplanation
Rehabilitation is a purpose of punishment because it aims to reform and reintegrate offenders back into society. Rather than focusing solely on punishment, rehabilitation seeks to address the underlying issues that led to criminal behavior and provide individuals with the necessary support and resources to change their behavior. This approach recognizes that punishment alone may not effectively prevent future offenses, and instead emphasizes the importance of helping offenders become law-abiding citizens through education, therapy, and skill-building programs.Rate this question:
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- 24.
Mark is charged with an offence and the matter is brought to court by a police prosecutor. It is his first offence. Mark is found guilty and sentenced. What type of offence penalty would most likely apply to Mark?
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A summary offence and a fine
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A summary offence and imprisonment
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An indictable offence and a suspended sentence
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An indictable offence and good behaviour bond
Correct Answer
A. A summary offence and a fineExplanation
Based on the information provided, Mark's first offence would most likely result in a summary offence penalty, which typically involves a fine. This is because summary offences are generally less serious crimes that are tried in lower courts and are often associated with minor penalties such as fines or community service.Rate this question:
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- 25.
Mary has been charged with manslaughter. Mary has told her lawyer that she was acting in self-defence. Her lawyer gives her the following information: self defence is a partial defence, her case may be heard in a judge-only trial. Why is some of this information incorrect?
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The trial must be heard before a jury.
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The trial must be heard before a magistrate.
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Self-defence is a complete defence to manslaughter.
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Self-defence cannot be used as a defence to manslaughter
Correct Answer
A. Self-defence is a complete defence to manslaughter.Explanation
Some of this information is incorrect because self-defence is not a complete defence to manslaughter. While self-defence can be used as a defence in certain cases, it does not completely absolve a person of the charges of manslaughter. The other information provided, such as the trial being heard before a jury or magistrate, is not relevant to the incorrectness of the given information.Rate this question:
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- 26.
Daniel, a 14-year-old, is convicted of public order offence. This is his first recorded conviction. Which of the following is the most likely penalty for Daniel?
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Caution
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Warning
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Probation
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Community service
Correct Answer
A. Community serviceExplanation
Given that Daniel is 14 years old and this is his first recorded conviction, it is unlikely that he will receive a caution or warning as these are typically given for minor offenses. Probation is generally reserved for more serious offenses or repeat offenders. Community service is a common penalty for first-time offenders, especially for public order offenses, as it allows them to make amends to the community while also serving as a deterrent for future misconduct. Therefore, community service is the most likely penalty for Daniel in this scenario.Rate this question:
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- 27.
Anne is charged with murder. The prosecution and defence enter a charge negotiation and Anne agrees to plead guilty to manslaughter. What must the judge do?
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Reject the agreement
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Accept the agreement
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Change the agreement
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Consider the agreement
Correct Answer
A. Consider the agreementExplanation
In this scenario, Anne has agreed to plead guilty to manslaughter as part of a charge negotiation between the prosecution and defense. Therefore, the judge must consider the agreement that has been reached between the parties involved. The judge will review the terms of the agreement, evaluate its fairness and legality, and make a decision based on their assessment. The judge may accept the agreement if it meets the necessary criteria, or they may reject it if they find any issues or concerns. The judge's role is to carefully consider the agreement before making a decision.Rate this question:
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- 28.
A well-known public figure has served his full sentence of 20 years for a violent crime. He has been denied release because of aggressive beheviour in prison. What is this an example of?
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Periodic detention
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Protective custody
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Continued detention
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Secruity reclassification
Correct Answer
A. Continued detentionExplanation
This scenario is an example of continued detention. Despite serving his full sentence, the public figure is being denied release due to his aggressive behavior in prison. This suggests that he is still considered a threat to society, leading to the decision to continue detaining him.Rate this question:
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- 29.
Which of the following involves both a human rights issue and a criminal law issue in Australia?
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A woman demands equal pay
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A refugee is arrested for assualt
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A child is forced to work in a factory
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A same-sex couple is denied the right to marry.
Correct Answer
A. A child is forced to work in a factoryExplanation
A child being forced to work in a factory involves both a human rights issue and a criminal law issue in Australia. It is a human rights issue because it violates the child's right to education, protection, and freedom from exploitation. It is also a criminal law issue because child labor is illegal in Australia and is punishable by law.Rate this question:
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- 30.
International human rights are best protected in NSW by
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Common law
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International law
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The NSW Constitution
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The Australian Constitution
Correct Answer
A. Common lawExplanation
International human rights are best protected in NSW by common law because common law refers to the body of law that is developed by judges through their decisions in court cases. Common law principles, such as the right to a fair trial, freedom of speech, and freedom from discrimination, are often aligned with international human rights standards. Therefore, common law can provide a strong foundation for protecting and upholding international human rights in NSW.Rate this question:
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- 31.
A government prevents women from voting in an election. This action violates the state's own domestic legislation. Which of the following does this action demonstrate?
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Non-Compliance
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Changing values
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Universal suffrage
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A non-legal measure
Correct Answer
A. Non-ComplianceExplanation
The given scenario describes a government preventing women from voting, which goes against the state's own domestic legislation. This action demonstrates non-compliance with the established laws and regulations. Non-compliance refers to the failure or refusal to adhere to rules or laws that have been set in place. In this case, the government's action of preventing women from voting is a clear violation of the state's domestic legislation, indicating non-compliance with the established rules regarding equal voting rights.Rate this question:
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- 32.
A community centre provides activities to improve the behaviour of local teenagers. What is this an example of?
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General deterrence
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Specific deterrence
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Diversionary program
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Social crime prevention
Correct Answer
A. Social crime preventionExplanation
This is an example of social crime prevention because the community centre is providing activities to improve the behavior of local teenagers. By offering positive and constructive activities, the centre aims to prevent teenagers from engaging in criminal behavior and instead promote a sense of community, social responsibility, and positive behavior among the youth.Rate this question:
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- 33.
A person has been found guilty of aggravated sexual assault. The judge has heard from the victim as well as referring to similar court cases prior to sentencing. Why has the judge referred to similar cases?
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To follow judicial guidelines
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To folllow statutory guidelines
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To ensure community expectations are met
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To ensure the sentences reflects the victim impact statement
Correct Answer
A. To follow judicial guidelinesExplanation
The judge referred to similar cases to follow judicial guidelines. Judicial guidelines provide a framework for judges to consider when making decisions, including sentencing. By referring to similar cases, the judge can ensure consistency and fairness in sentencing, as well as consider any relevant precedents or legal principles that may apply. This helps to promote a sense of justice and maintain public trust in the judicial system.Rate this question:
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- 34.
Legislation has been changed to require mandatory imprisonment for a particular offence. Ken commits this offence and it is recorded on CCTV. This is his first offence. Ken is convicted and is awaiting sentencing. A community group expresses concern about this law. What action should the community group take to best help Ken?
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Argue the law is unconstitutional
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Provide references for Ken's good character
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Lobby parliament to repeal this law
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Advise Ken to deny the actus reus and mens rea of the offence
Correct Answer
A. Lobby parliament to repeal this lawExplanation
The community group should lobby parliament to repeal this law in order to best help Ken. By advocating for the repeal of the legislation that requires mandatory imprisonment for the offence Ken committed, the community group can work towards changing the law itself. This would potentially lead to a more lenient sentencing for Ken, considering it is his first offence. The group's efforts could help create a more fair and just legal system, benefiting not only Ken but also others who may face similar circumstances in the future.Rate this question:
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- 35.
What is self-determination?
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The right to vote
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The right to a jury trial
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The right to legal representation
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The right of a group to make decisions for itself
Correct Answer
A. The right of a group to make decisions for itselfExplanation
Self-determination refers to the right of a group to make decisions for itself. This means that the group has the autonomy and freedom to determine its own political, economic, social, and cultural policies without external interference. It is about empowering a group to have control over its own destiny and to have the ability to shape its own future. Self-determination is often associated with movements for independence, autonomy, and sovereignty, where groups seek to govern themselves and exercise their rights without being subjected to the authority of others.Rate this question:
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- 36.
Which court would hear a offence of speeding in a school zone when it first becomes a court matter?
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Drug court
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Local court
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District court
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Supreme court
Correct Answer
A. Local courtExplanation
The local court would hear an offense of speeding in a school zone when it first becomes a court matter. This is because the local court has jurisdiction over minor offenses and traffic violations that occur within its geographical area. The local court is responsible for handling cases that are of a less serious nature and do not require a higher court's involvement.Rate this question:
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- 37.
Andrew illegally downloaded music from the internet. What role did Andrew play in committing this offence?
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Accessory after the fact
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Accessory before the fact
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Principal in the first degree
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Principal in the second degree
Correct Answer
A. Principal in the first degreeExplanation
Andrew played the role of the principal in the first degree in committing the offence of illegally downloading music from the internet. This means that he directly and actively participated in the illegal act and was the main perpetrator of the offense.Rate this question:
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- 38.
Andrew illegally downloaded music from the internet. Which catorgory of crime does Andrews behaviour fall under?
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Conspiracy
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Preliminary crime
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Economic offence
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Offence against the person
Correct Answer
A. Economic offenceExplanation
Andrew's behavior of illegally downloading music from the internet falls under the category of economic offense. This is because he is engaging in an activity that involves the unauthorized acquisition of copyrighted material, which can result in financial loss for the creators and distributors of the music. Economic offenses typically involve actions that harm the economy or financial interests of individuals or organizations.Rate this question:
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- 39.
Which of the following can be a member of the united Nations?
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A head of state
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A sovereign state
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A state government
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A minister for foreign affairs
Correct Answer
A. A sovereign stateExplanation
A sovereign state can be a member of the United Nations because the United Nations is an international organization comprised of sovereign states. A sovereign state is a political entity with a defined territory, a permanent population, a government, and the ability to enter into relations with other states. As a member of the United Nations, a sovereign state has the opportunity to participate in international decision-making, engage in diplomatic relations, and contribute to global peace and security efforts.Rate this question:
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- 40.
Who determines if the standards of proof has been met in a criminal case?
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The jury
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The police
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The defendant
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The prosecution
Correct Answer
A. The juryExplanation
The jury determines if the standards of proof have been met in a criminal case. They are responsible for evaluating the evidence presented by the prosecution and the defense, and ultimately deciding whether the defendant is guilty or not guilty based on the standard of proof required in the case. The jury's decision is crucial in determining the outcome of the trial and ensuring justice is served.Rate this question:
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- 41.
Which of the following is an example of an intergovernmental organization?
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Federal parliament
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Amnesty International
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Commonwealth of nations
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Australian Human Rights Commission
Correct Answer
A. Commonwealth of nationsExplanation
The Commonwealth of Nations is an intergovernmental organization because it consists of 54 member countries that are all sovereign states. It serves as a platform for these countries to collaborate and cooperate on various issues, including political, economic, and social matters. The organization promotes democracy, human rights, and the rule of law among its members. Therefore, the Commonwealth of Nations fits the definition of an intergovernmental organization as it involves the cooperation and interaction between different governments.Rate this question:
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- 42.
The Supreme Court is hearing a criminal case. At the conclusion of the third day, two jurors visit the crime scene. They discuss the defendants evidence and then encourage other jurors to find the defendant guilty. What is this an example for?
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A role of the jury
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A denial of justice
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An aggravating factor
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A peremptory challenge
Correct Answer
A. A denial of justiceExplanation
This scenario is an example of a denial of justice. The two jurors visiting the crime scene and discussing the defendant's evidence, as well as encouraging other jurors to find the defendant guilty, goes against the principles of a fair and impartial trial. It undermines the integrity of the judicial process and denies the defendant the right to a fair trial by an unbiased jury. This behavior can lead to a miscarriage of justice and a denial of the defendant's rights.Rate this question:
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- 43.
A magistrate orders an offender to serve six months in gaol, to be served only if the offender is not of good behaviour during this time. This is an example of:
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Probation
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Imprisonment
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A suspended sentence
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A diversionary program
Correct Answer
A. A suspended sentenceExplanation
A suspended sentence refers to a legal punishment where a judge or magistrate orders a specific period of imprisonment, but allows the offender to remain free on the condition of good behavior. In this case, the magistrate has ordered the offender to serve six months in gaol, but only if they do not exhibit good behavior during that time. This means that the sentence is "suspended" or put on hold as long as the offender behaves appropriately. If the offender violates the conditions, they will have to serve the full sentence of six months in gaol.Rate this question:
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- 44.
Peter, while under the influence of drugs, has caused the death of another person. He is charged with murder. Which court will be the first to hear the charge against Peter?
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Drug court
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Local Court
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Supreme Court
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Coroner's Court
Correct Answer
A. Local CourtExplanation
The Local Court will be the first to hear the charge against Peter. The Local Court is the lowest level of court in the judicial hierarchy and has jurisdiction over a wide range of criminal offenses, including murder. This court is responsible for conducting the initial hearings, determining bail, and deciding whether the case should proceed to a higher court, such as the Supreme Court. Therefore, it is the most appropriate court to handle Peter's case initially.Rate this question:
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- 45.
How are international human rights protected under Australian Law?
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Treaties are enacted by a federal statue
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Covenants are ratified by the governor-general
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Declerations are incorporated into the Australian Constitution
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Conventions are enforced by the Australian Constitution
Correct Answer
A. Treaties are enacted by a federal statueExplanation
International human rights are protected under Australian law through the enactment of treaties by a federal statute. This means that when Australia becomes a party to an international human rights treaty, it is implemented and enforced through domestic legislation. By enacting these treaties into law, Australian courts can interpret and apply them in domestic cases, ensuring that individuals' human rights are protected and upheld within the country's legal system.Rate this question:
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- 46.
How is the right to legal representations best described?
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It is a right limited under common law
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It is a right protected under the Australian Constitution
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It is a right to free legal aid provided in most criminal cases
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It is a right protected under the universal declaration of Human Rights
Correct Answer
A. It is a right limited under common lawExplanation
The right to legal representation is best described as a right limited under common law. This means that individuals have the right to be represented by legal counsel, but this right is not absolute and can be subject to certain limitations and restrictions imposed by the legal system. Common law refers to the body of law derived from judicial decisions and legal precedents, rather than statutes or legislation. Therefore, the right to legal representation is not explicitly protected or guaranteed by a specific constitutional provision or international declaration, but rather recognized and developed through legal principles established over time.Rate this question:
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- 47.
The purpose of specific deterrence in sentencing is to..
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Direct the offender to undertake education and training
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Direct the offender to complete a community service order
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Discourage the offender from committing offence again
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Discourage others who may consider committing a similar offence
Correct Answer
A. Discourage the offender from committing offence againExplanation
The purpose of specific deterrence in sentencing is to discourage the offender from committing the offense again. This means that the sentencing aims to impose consequences on the offender that will deter them from engaging in similar criminal behavior in the future. The idea is that by experiencing the negative consequences of their actions, the offender will be less likely to repeat the offense. This approach focuses on the individual offender and aims to prevent their future criminal behavior.Rate this question:
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- 48.
The police hold Susan in custody because they believe she may commit a serious crime. What is this an example of?
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Remand
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Recidivism
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Protective custody
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Preventative detention
Correct Answer
A. Preventative detentionExplanation
Preventative detention refers to the practice of holding someone in custody to prevent them from committing a future crime. In this case, the police believe that Susan may commit a serious crime, so they are holding her in custody as a precautionary measure to protect the public and prevent any potential harm. This is an example of preventative detention.Rate this question:
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- 49.
Which of the following is a feature of statutory protection of human rights in Australia?
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Parliament cannot change human rights legistlation
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Judges interpret and apply human rights legistlation
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A referendum is required to amend human rights legistlation
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Human rights treaties are enshrined in the Australian Constitution
Correct Answer
A. Judges interpret and apply human rights legistlationExplanation
Judges interpret and apply human rights legislation in Australia. This means that they have the authority to interpret the laws related to human rights and apply them to specific cases. They play a crucial role in ensuring that human rights are protected and upheld in the legal system. This feature helps to ensure that human rights legislation is consistently applied and enforced by the judiciary, providing a level of protection for individuals in Australia.Rate this question:
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Current Version
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Oct 26, 2024Quiz Edited by
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Aug 18, 2020Quiz Created by
Aaron Grosse
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