Legal Studies Multiple Choice Quiz: Test Your Hsc Knowledge!

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1. What is the standard of proof in a criminal case?

Explanation

Beyond reasonable doubt is the standard of proof in a criminal case. This means that the prosecution must prove the guilt of the defendant to such an extent that there is no reasonable doubt in the minds of the jurors. It is a high standard that requires the evidence to be strong and convincing, leaving no room for any alternative explanation or interpretation. This standard is important to protect the rights of the accused and ensure that they are not wrongfully convicted. It places the burden on the prosecution to prove their case beyond any reasonable doubt.

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About This Quiz
Legal Studies Multiple Choice Quiz: Test Your Hsc Knowledge! - Quiz

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... see morewithin legal studies, including areas like criminal law, and human rights. 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 is charged with an offence for using obscene language. In which court will the trial most likely take place?

Explanation

The trial for a person charged with using obscene language will most likely take place in the Local court. The Local court typically handles less serious offences and is responsible for hearing cases related to minor criminal matters, including public order offences like using obscene language. The Coroner's court deals with investigating and determining the cause of death in certain circumstances, while the District court handles more serious criminal cases. The Supreme court is the highest court in the jurisdiction and generally handles the most complex and significant legal matters.

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3. 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?

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.

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4. Which of the following requires a person to attend court?

Explanation

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.

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5. What is meant by the term state sovereignty?

Explanation

State sovereignty refers to the ability of a nation state to govern itself and make decisions without interference from external entities. This includes the power to determine its own laws and policies without being subject to the authority or control of other nations or international organizations. State sovereignty is a fundamental principle of international law, recognizing the autonomy and independence of nation states in their internal affairs.

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6. Which court would hear a offence of speeding in a school zone when it first becomes a court matter?

Explanation

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.

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7. Which of the following is a mitigating cirumstance in a sentencing decision?

Explanation

In a sentencing decision, the fact that the offender is young can be considered as a mitigating circumstance. This is because youth is often associated with immaturity, lack of life experience, and potential for rehabilitation. The court may take into account the offender's age as a factor that influenced their actions and may consider a more lenient sentence or alternative measures to address their behavior and prevent future offenses.

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8. A known offender is not released after his sentence has been served. what type of detention is this?

Explanation

"Continued" detention refers to the situation where a known offender is not released after serving their sentence. This means that they are kept in detention beyond their initial sentence, possibly due to various reasons such as pending charges, risk of reoffending, or other legal considerations.

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9. Alice has received an official legal document in relation to an offense she has allegedly committed. She is required to attend the local court on a certain date. what is the legal document?

Explanation

The correct answer is a summons. A summons is a legal document that requires someone to appear in court on a specific date. In this scenario, Alice has allegedly committed an offense and has received a summons, which means she is legally obligated to attend the local court on the specified date.

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10. Mary was found to be an accessory before the fact in a bank robbery. Which of the following would have led to this finding?

Explanation

Mary was found to be an accessory before the fact in a bank robbery because she supplied the gun that was used. This means that she provided the weapon to the perpetrator(s) before the crime took place, indicating her involvement and contribution to the robbery.

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11. A country has been criticised by the United Nations for using capital punishment. Which of the following allows the country to ignore this criticism?

Explanation

State sovereignty allows a country to ignore criticism from the United Nations regarding its use of capital punishment. State sovereignty refers to the principle that a state has the authority to govern itself without interference from external entities. In this case, the country can argue that the decision to use capital punishment is within its sovereign rights and that it is not bound by the criticism or recommendations of the United Nations.

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12. A police officer issues a caution instead of an on the spot fine to a person whose car is illegally parked. What is the police officer's action an example of?

Explanation

The police officer's action of issuing a caution instead of an on the spot fine to a person whose car is illegally parked is an example of discretion. Discretion refers to the ability to make decisions based on one's own judgment and considering the specific circumstances of a situation. In this case, the police officer exercised discretion by choosing to issue a caution instead of imposing a fine, possibly taking into account factors such as the severity of the offense, the person's previous record, or any extenuating circumstances.

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13. Which of the following is best characterised as transnational crime?

Explanation

People smuggling is best characterised as transnational crime because it involves the illegal transportation of individuals across national borders for profit. Unlike the other options, which are crimes that can occur within a single country, people smuggling specifically involves crossing international boundaries. This crime often involves organized criminal networks operating across multiple countries, making it a clear example of transnational criminal activity.

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14. Which of the following best explains state sovereignty?

Explanation

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.

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15. What is the standard of proof in a criminal case?

Explanation

The standard of proof in a criminal case is "beyond reasonable doubt." This means that the prosecution must prove the defendant's guilt to such an extent that there is no reasonable doubt in the minds of the jurors or judge. It is a high standard that requires a high level of certainty before a conviction can be made. The prosecution must present evidence and arguments that are strong enough to convince the trier of fact that the defendant is guilty beyond any reasonable doubt.

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16. What is the main role of the jury in a criminal trial?

Explanation

The main role of the jury in a criminal trial is to decide if the accused is guilty. The jury listens to the evidence presented by both the prosecution and the defense, evaluates the credibility of the witnesses, and then deliberates to reach a verdict. Their decision is crucial as it determines the guilt or innocence of the accused.

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17. A person is held in custody before trial. What is this called?

Explanation

Remand refers to the act of holding a person in custody before their trial. It is a legal process where the accused is detained in jail or a correctional facility until their trial date. This is done to ensure that the person does not flee or pose a threat to society while awaiting their trial. Bail, on the other hand, refers to the temporary release of an accused person before their trial, usually with a financial guarantee. Parole and protective custody are not applicable in this context.

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18. A pedestrian obstructs traffic. What type of offence is this?

Explanation

When a pedestrian obstructs traffic, it is considered a public order offence. This is because it disrupts the normal flow of traffic and can potentially cause inconvenience or danger to other road users. Public order offences are typically related to behavior that disturbs public peace and order, and obstructing traffic falls under this category.

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19. What is the aim of a diversionary program?

Explanation

The aim of a diversionary program is rehabilitation. Diversionary programs are alternative sentencing options that aim to divert individuals away from the traditional criminal justice system and towards rehabilitative services. These programs focus on addressing the underlying causes of criminal behavior and providing individuals with the necessary support and resources to reintegrate into society and lead law-abiding lives. The goal is to prevent future criminal behavior by addressing the root causes and promoting positive change.

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20. How is statute law made?

Explanation

Statute law is made by parliament. Parliament is the legislative body of a country that has the authority to create laws. Statute law refers to laws that are enacted by the parliament and are written down in a formal document. This is different from common law, which is created by courts through their interpretations of previous cases. Custom and treaties may influence the creation of laws, but they are not the primary means by which statute law is made.

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21. Human rights in Australia are best promoted when they are:

Explanation

Human rights in Australia are best promoted when they are incorporated into domestic laws. This means that when human rights are enshrined and protected by the legal system of the country, they become enforceable and individuals can seek legal remedies if their rights are violated. By incorporating human rights into domestic laws, Australia ensures that these rights are recognized and respected by all branches of government and can be upheld in courts. This provides a strong framework for promoting and protecting human rights within the country.

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22. 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.

Explanation

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.

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23. 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?

Explanation

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.

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24. 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?

Explanation

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.

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25. Melaine is arrested for assult. A magistrate decides not to release Melanie while she waits for her trial. This means Melanie is on:

Explanation

When a magistrate decides not to release a person while they wait for their trial, it means that the person is held in custody until their trial date. This is known as being "on remand." It is a precautionary measure taken by the court to ensure that the person does not flee or pose a threat to society before their trial.

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26. How is the European Union best described?

Explanation

The European Union is best described as an intergovernmental organization because it is composed of member states that voluntarily cooperate and make decisions together on various issues such as trade, security, and legislation. It is not a court or tribunal, as it does not primarily focus on legal matters or adjudicating disputes. Additionally, while the European Union may work closely with the United Nations on certain issues, it is not considered to be a part of the United Nations.

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27. What is the purpose of diversionary programs?

Explanation

Diversionary programs are designed to prevent future criminal behavior. These programs aim to divert individuals away from the criminal justice system and provide them with alternative interventions and support. By addressing the underlying causes of criminal behavior, such as substance abuse or mental health issues, diversionary programs seek to reduce the likelihood of individuals reoffending in the future. These programs often offer rehabilitative services, counseling, education, and other resources to help individuals make positive changes in their lives and avoid further involvement in criminal activities.

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28. The president of a nation-state is  accused of war crimes. Where would this case be prosecuted?

Explanation

The International Criminal Court (ICC) would be the appropriate institution to prosecute the president of a nation state accused of war crimes. The ICC is a permanent international court established to investigate and prosecute individuals responsible for the most serious crimes of international concern, including war crimes, crimes against humanity, and genocide. It has jurisdiction over individuals, regardless of their official capacity, and works independently from the United Nations. The International Court of Justice primarily deals with disputes between states, while the United Nations Security Council and the United Nations Human Rights Council have different mandates and functions.

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29. 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?

Explanation

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.

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30. 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?

Explanation

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.

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31. What is self-determination?

Explanation

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.

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32. Use the following information to answer Question 5-8: 18 year old Alex and 19 year old Dale planned to rob a bank. THe next day Alex drove the car and waited for Dale to rob the bank. Dale robbed the bank and they both drove away. 12 year old Shane was waiting at their house to assist them. What best describes the role played by Shane?

Explanation

Shane's role as a 12-year-old waiting at their house to assist them indicates that he did not actively participate in the planning or execution of the bank robbery. Instead, he became involved after the fact, potentially providing assistance or shelter to Alex and Dale after they committed the crime. This makes him an accessory after the fact, as he aided or harbored the criminals knowing that they had already committed the crime.

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33. Which of the following is NOT a feature of human rights?

Explanation

Human rights are a set of entitlements and freedoms that every individual possesses simply by virtue of being human. They are inherent, meaning they are an essential part of human nature and cannot be taken away. They are universal, applying to all individuals regardless of their nationality, race, or gender. They are inalienable, meaning they cannot be transferred or surrendered. However, human rights are not always enforceable, as there may be limitations or challenges in ensuring their protection and implementation in practice.

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34. Police allege a driver was speeding in a school zone. What does the police have to prove if the matter goes to court

Explanation

The police have to prove that the driver was speeding if the matter goes to court. This means they need to provide evidence that the driver was driving at a speed higher than the designated limit in the school zone. The other options, such as the driver's intention to speed or their knowledge of it being a school zone or the speed limit, are not relevant in proving the offense of speeding.

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35. Which of the following is the best example of a transnational crime?

Explanation

Human trafficking is the best example of a transnational crime because it involves the illegal transportation of individuals across national borders for the purpose of exploitation. It often involves organized criminal networks that operate across multiple countries, making it a crime that transcends national boundaries. Human trafficking is a serious violation of human rights and involves various forms of exploitation, such as forced labor, sexual exploitation, and organ trafficking.

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36. What comes under the jurisdiction of the international criminal court

Explanation

The International Criminal Court has jurisdiction over war crimes, which are serious violations of the laws and customs of war. These crimes include acts such as genocide, crimes against humanity, and war atrocities. The ICC investigates and prosecutes individuals responsible for these crimes, ensuring that they are held accountable for their actions. While cyber terrorism, drug trafficking, and people smuggling are serious crimes, they do not fall under the direct jurisdiction of the International Criminal Court.

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37. Which of the following is a transnational crime?

Explanation

Drug trafficking is considered a transnational crime because it involves the illegal transportation, distribution, and sale of drugs across national borders. This criminal activity often involves organized criminal networks that operate across multiple countries, making it a transnational issue. Drug trafficking not only poses significant health and social risks but also contributes to corruption, violence, and instability in affected regions.

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38. The prosecution and defence agree an offender will plead guilty to manslaughter instead of being tried for murder. What is this agreement an example of?

Explanation

Charge negotiation is the correct answer because it refers to an agreement between the prosecution and the defense regarding the charges that will be brought against the offender. In this case, the agreement is for the offender to plead guilty to the lesser charge of manslaughter instead of being tried for the more serious charge of murder. This negotiation allows for a resolution to the case without the need for a full trial, saving time and resources for both parties involved.

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39. Which court has appeallate jurisdiction to hear criminal law matters?

Explanation

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.

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40. Who has the burden of proof in a criminal case?

Explanation

In a criminal case, the burden of proof lies with the prosecution. It is their responsibility to present evidence and convince the jury or judge of the defendant's guilt beyond a reasonable doubt. The prosecution must establish all elements of the crime and demonstrate that the defendant is guilty. The defendant is presumed innocent until proven guilty, and it is the prosecution's duty to provide sufficient evidence to meet the burden of proof.

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41. Who has the burden of proof in a criminal case?

Explanation

In a criminal case, the burden of proof lies with the prosecution. It is their responsibility to present enough evidence and convince the jury or judge beyond a reasonable doubt that the defendant is guilty of the crime they are accused of. The prosecution must establish the elements of the crime and demonstrate the defendant's guilt, while the defense has the right to challenge the evidence presented and provide their own arguments and evidence in favor of the defendant's innocence. Ultimately, it is the prosecution's duty to meet the burden of proof and convince the trier of fact of the defendant's guilt.

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42. The separation of powers in the Australian Constituation establishes the independance between?

Explanation

The separation of powers in the Australian Constitution establishes the independence between the judiciary, legislature, and executive. This means that each branch of government has its own distinct powers and responsibilities, ensuring a system of checks and balances. The judiciary is responsible for interpreting and applying the law, the legislature creates laws, and the executive branch enforces laws and manages the day-to-day operations of the government. This separation prevents any one branch from becoming too powerful and helps safeguard against abuses of power.

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43. Which of the following is NOT a basic feature of human rights?

Explanation

Human rights are inherent, universal, and inalienable, meaning they belong to every individual by virtue of being human, regardless of any factors such as nationality or race. However, the enforceability of human rights can vary depending on the legal and political systems in place. While human rights should ideally be enforceable through legal mechanisms and institutions, the reality is that in some cases, individuals may face challenges in accessing justice or having their rights protected. Therefore, the statement "They are enforceable" does not accurately reflect a basic feature of human rights.

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44. 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?

Explanation

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.

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45. 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?

Explanation

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.

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46. Which of the following best describes criminal law in NSW?

Explanation

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.

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47. Melanie has been arrested and a magistrate has determined that the case will proceed to trial. The magistrate has decided not to release her while waiting for the trial to be held. Which of the following correctly describes Melanie's situation?

Explanation

Melanie's situation can be described as being on remand. This means that she has been arrested and the magistrate has decided not to release her while waiting for the trial. Being on remand indicates that she is being held in custody until the trial takes place.

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48. Which of the following rights is an example of universal suffrage?

Explanation

Universal suffrage refers to the right of all adult citizens to vote in elections, regardless of their gender, race, or social status. The right to vote allows individuals to participate in the democratic process and have a say in choosing their representatives and leaders. This right ensures equal political participation and representation for all members of society, making it an example of universal suffrage.

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49. During an arguement, Don punches Jack, who later dies. Don is convicted of murder. Which of the following must have been established in court for this finding to be reached

Explanation

In order for Don to be convicted of murder for punching Jack, the court must have established causation. This means that it must have been proven that Don's actions directly caused Jack's death. The court would have needed to determine that Don's punch was the cause of Jack's fatal injuries, and that without Don's actions, Jack would not have died. Without establishing causation, it would not be possible to hold Don responsible for Jack's death.

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50. Which Statement is true of strict liability offences?

Explanation

In strict liability offenses, the prosecution only needs to prove the actus reus or the guilty act, without having to establish the mens rea or the guilty mind. This means that the defendant can be held liable for the offense even if they did not intend to commit it. Therefore, the statement "Actus reus must be proved" is true for strict liability offenses.

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51. 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?

Explanation

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.

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52. Following communuity pressure about high rates of graffiti and increasing clean-up costs, the NSW parliament decided to ban people from carrying aerosol cans on public streets. Which of the following influences are most likely to have led the paliament to make this law?

Explanation

The correct answer is (B) Social and economic. This is because the decision to ban people from carrying aerosol cans on public streets was likely influenced by both social and economic factors. The high rates of graffiti and increasing clean-up costs were causing a negative impact on the community, leading to social pressure for a solution. Additionally, the economic costs associated with cleaning up graffiti were likely a factor in the decision-making process.

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53. Which court would investigate an unexplaied death?

Explanation

The correct answer is Coroner's. In cases of unexplained deaths, the Coroner's court would be responsible for conducting an investigation. The Coroner's court is specifically designed to determine the cause and circumstances surrounding unexpected or suspicious deaths. This court is responsible for gathering evidence, conducting autopsies, and interviewing witnesses to establish the cause of death. The Coroner's court plays a crucial role in ensuring that unexplained deaths are thoroughly investigated and the truth is uncovered.

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54. Aberia is a colony og Belinia. Aberia wants to form an independent nation. This situation is an example of which type of right?

Explanation

The situation described in the question, where Aberia, a colony of Belinia, wants to form an independent nation, exemplifies the concept of collective rights. Collective rights refer to the rights held by a group or community as a whole, rather than by individuals. In this case, Aberia as a collective entity is asserting its right to self-determination and independence.

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55. A member of parliament tries to influence a decision being made by the High Court. What is this a breach of?

Explanation

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.

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56. In which court does a magistrate have jurisdiction to hear cases?

Explanation

A magistrate has jurisdiction to hear cases in the Local Court. The Local Court is a lower court that handles less serious criminal offenses and civil matters. Magistrates have the authority to preside over these cases and make decisions within their jurisdiction. The High Court, District Court, and Supreme Court are higher courts with different levels of jurisdiction and handle more complex cases.

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57. In a criminal trial, the role of a jury is to determine whether

Explanation

The role of a jury in a criminal trial is to determine whether the standard of proof is met. This means that the jury must assess the evidence presented in the trial and decide if it is sufficient to prove the guilt of the accused beyond a reasonable doubt. The standard of proof is a crucial aspect of a fair trial, as it ensures that the accused is not convicted based on mere suspicion or speculation, but rather on solid evidence that convinces the jury of their guilt.

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58. To what legal right are Jordan, Darcy and Ariel entitled while being questioned at the police station, if 25 year old Jordan and 23 year old Darcy stole ciggies from a shop. As they were leaving the shop, Jodan and Darcy forced 18 year old Ariel to hide the ciggies under her shirt. They were then apprehended by police, taken to the local police station and charged

Explanation

While being questioned at the police station, Jordan, Darcy, and Ariel are entitled to the right to remain silent. This means that they have the legal right to refuse to answer any questions posed by the police without facing any negative consequences. This right is designed to protect individuals from self-incrimination and ensure that they are not forced to provide evidence against themselves. It allows them to maintain their innocence until proven guilty and seek legal counsel before speaking.

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59. Which of the following is an example of a collective human right?

Explanation

Self-determination is an example of a collective human right because it refers to the right of a group of people to freely determine their political status, pursue their economic, social, and cultural development, and exercise control over their own resources. This right recognizes the importance of allowing communities and nations to govern themselves and make decisions that affect their collective well-being. It is a fundamental principle of international law and is crucial for promoting democracy, equality, and the protection of human rights.

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60. Alex is arrested on her way to rob a bank. What category of crime can she be charged with?

Explanation

Alex can be charged with the category of crime called "Preliminary" because she was arrested on her way to rob a bank, indicating that she was in the early stages of planning or attempting to commit the crime. This category typically includes actions that are taken as a precursor to the actual commission of a crime.

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61. 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?

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.

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62. Which of the following involves both a human rights issue and a criminal law issue in Australia?

Explanation

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.

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63. Andrew illegally downloaded music from the internet. What role did Andrew play in committing this offence?

Explanation

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.

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64. Andrew illegally downloaded music from the internet. Which catorgory of crime does Andrews behaviour fall under?

Explanation

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.

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65. Jordan commits a serious criminal offence. Derek then helps Jordan conceal this offence. Which offence has Derek commited?

Explanation

Derek has committed the offence of accessory after the fact. This means that he has helped Jordan conceal the serious criminal offence after it was committed. An accessory after the fact is someone who assists or harbors a person knowing that they have committed a crime, with the intention of helping them avoid arrest, trial, or punishment. In this case, Derek's actions of helping Jordan conceal the offence make him an accessory after the fact.

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66. A local council is considering the installation of closed circuit (CCTV) in a car park to deter criminal activity. What is this an example of?

Explanation

The installation of closed circuit television (CCTV) in a car park to deter criminal activity is an example of situational crime prevention. Situational crime prevention focuses on altering the physical environment or conditions to make it more difficult for criminal activities to occur. In this case, the presence of CCTV cameras acts as a deterrent, making potential criminals think twice before engaging in illegal activities in the car park. By implementing this measure, the local council aims to reduce the opportunity for crime to take place in the area.

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67. The role of the International Court of Justice is to hear:

Explanation

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations and its role is to settle legal disputes between nation states. It provides advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies. The ICJ does not have jurisdiction over criminal cases or cases involving human rights abuses brought by individuals or non-member states. Its main function is to resolve disputes between nation states and offer legal advice when requested.

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68. 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?

Explanation

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.

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69. The Australian Governament accuses the leader of another country of committing genocide. Where could the matter be heard and a punishment determined?

Explanation

The International Criminal Court (ICC) is the appropriate institution to hear and determine the matter of the Australian Government accusing the leader of another country of committing genocide. The ICC is a permanent international tribunal established to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression. It has jurisdiction over individuals, regardless of their official capacity, and can hold them accountable for their actions. As an international court, it provides a platform for impartial and fair proceedings, ensuring justice is served in cases of grave international crimes.

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70. The Internation Covenant on Economic, Social and Cultural Rights is an example of which of the following?

Explanation

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.

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71. Who determines if the standards of proof has been met in a criminal case?

Explanation

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.

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72. Which of the following human rights is directly recognised in the Australian Constitution

Explanation

The right to vote is directly recognized in the Australian Constitution. This means that every Australian citizen has the right to participate in the democratic process by voting in elections. The Constitution guarantees this right and ensures that it is protected and accessible to all eligible citizens. This recognition emphasizes the importance of democratic principles and the role of citizens in shaping the government and policies of the country.

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73. An accused is considered innocent until proven guilty. Which of the following best reflects this principle?

Explanation

Bail best reflects the principle that an accused is considered innocent until proven guilty. Bail allows the accused to be released from custody while awaiting trial, indicating that they are presumed innocent until proven guilty in a court of law. By granting bail, the justice system recognizes the importance of not punishing individuals before their guilt is established.

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74. What is the use of surveillance cameras in public places an example of?

Explanation

The use of surveillance cameras in public places is an example of situational crime prevention. Situational crime prevention focuses on reducing opportunities for crime by implementing measures that make it more difficult for criminals to commit offenses. Surveillance cameras act as a deterrent to potential criminals, as they increase the risk of being caught and therefore reduce the likelihood of criminal activity occurring in public areas. By providing a constant watchful eye, surveillance cameras help create a safer environment and discourage criminal behavior.

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75. Which of the following has the jurisdiction to prosecute genocide?

Explanation

The International Criminal Court (ICC) has the jurisdiction to prosecute genocide. The ICC is an international tribunal that has the authority to prosecute individuals for the most serious crimes of international concern, including genocide. It was established by the Rome Statute and operates independently from the United Nations. The ICC investigates and prosecutes individuals responsible for committing genocide, war crimes, crimes against humanity, and the crime of aggression. It is the only permanent international court with the mandate to prosecute genocide cases, making option (B) the correct answer.

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76. Pat does not have a criminal record. He pleads guilty to a charge in the Local Court. Which of the following is true?

Explanation

When Pat pleads guilty to a charge in the Local Court, a magistrate will determine an appropriate penalty. This means that instead of a jury or a judge, a magistrate will be responsible for deciding the suitable punishment for Pat's offense. This suggests that prison is not the only option, and the magistrate will consider other factors to determine the most appropriate penalty for Pat's case.

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77. Which of the following describes the defence of duress

Explanation

The defence of duress refers to a situation where the accused can prove that they committed a crime against their own free will. This means that they were coerced or forced into committing the crime under threat or pressure from someone else. In such cases, the accused may argue that they had no other choice but to commit the crime in order to protect themselves or others from harm. This defence recognizes that individuals may sometimes be compelled to act against their own moral or legal judgment due to external factors beyond their control.

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78. 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?

Explanation

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.

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79. In the strict liability offence of selling alcohol to a 16-year-old, which of the following must be proven?

Explanation

In the strict liability offence of selling alcohol to a 16-year-old, the only element that must be proven is Actus Reus. Strict liability offenses do not require proof of mens rea or intent, meaning that the defendant's state of mind is not relevant. Causation and recklessness are also not necessary to establish guilt in this offense. The focus is solely on whether the defendant committed the prohibited act of selling alcohol to a minor, regardless of their intentions or awareness.

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80. Which of the following is an example of social crime prevention?

Explanation

Providing employment skills for young people is an example of social crime prevention because it addresses the root causes of crime by offering opportunities for individuals to improve their lives and avoid engaging in criminal activities. By equipping young people with employment skills, they are more likely to find stable jobs and become productive members of society, reducing the likelihood of them resorting to criminal behavior out of desperation or lack of options. This approach focuses on addressing social and economic factors that contribute to crime, ultimately aiming to create a safer and more inclusive community.

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81. In New South Wales, which of the following is both a human right and legal right?

Explanation

Education is both a human right and a legal right in New South Wales. This means that every individual has the right to access and receive education, and it is also protected by law. The government is responsible for ensuring that education is accessible, affordable, and of good quality for all individuals, regardless of their background or circumstances. This recognition of education as a human right emphasizes the importance of providing equal opportunities for everyone to acquire knowledge and skills, enabling them to participate fully in society and exercise their rights.

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82. Which of the following is an example of an intergovernmental organisation ?

Explanation

The United Nations is an example of an intergovernmental organization because it is composed of member states that come together to address global issues and promote international cooperation. It serves as a platform for countries to discuss and negotiate on various topics such as peacekeeping, human rights, and sustainable development. The United Nations has a structure that includes a General Assembly where all member states have representation, as well as specialized agencies and programs that work on specific areas of focus.

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83. Of the following, the person most likely to be granted legal aid under NSW law is a person

Explanation

A person who is accused of a serious crime is most likely to be granted legal aid under NSW law because legal aid is typically provided to individuals who cannot afford legal representation in criminal cases. Since being accused of a serious crime can have severe consequences, such as imprisonment, it is considered a situation where legal aid is necessary to ensure a fair trial and protect the rights of the accused.

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84. Which of the following describes the fundamental prinicples of human rights?

Explanation

The fundamental principles of human rights are described as universal and inalienable. Universal means that human rights apply to all individuals, regardless of their nationality, race, gender, or any other characteristic. Inalienable means that these rights cannot be taken away or denied from individuals. This means that every person is entitled to the same basic rights and freedoms, which cannot be violated or revoked by any authority or government.

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85. Belinda is on trial for treason. Who has the role of ensuring that this trial is conducted fairly?

Explanation

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.

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86. Which of the following can be a member of the united Nations?

Explanation

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.

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87. A person is sentences to imprisonment for a perios of five years. The person thinks the sentence is too long and decides to appeal. What type of appeal can this best be described as?

Explanation

This can be described as an appeal against severity because the person believes that the sentence of five years is too long and wants to challenge the severity of the punishment. They are not questioning the conviction itself or any bias in the case, but rather the length of the sentence imposed.

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88. Which of the following is the most likely reason for a court to require an offender to forfeit assests?

Explanation

Retribution is the most likely reason for a court to require an offender to forfeit assets. Retribution is a principle of justice that aims to punish offenders for their wrongdoing and ensure that they face consequences for their actions. By requiring the forfeiture of assets, the court is imposing a financial penalty on the offender, which serves as a form of punishment and retribution for their criminal behavior. This action aims to restore a sense of fairness and balance by making the offender suffer a loss equivalent to the harm they have caused.

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89. In the criminal justice system, decisions of higher courts are binding on lower courts. which of the following terms is this statement describing

Explanation

The given statement describes the term "precedent." Precedent refers to a legal principle or decision that is set by a higher court and becomes a binding authority for lower courts in similar cases. This means that lower courts must follow and apply the legal reasoning and decision made by higher courts in previous cases. Precedent plays a crucial role in the development of the law and ensures consistency and predictability in the judicial system.

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90. Who decides a question of law in a criminal case in the NSW Supreme Court?

Explanation

In a criminal case in the NSW Supreme Court, the judge is responsible for deciding questions of law. The judge interprets and applies the law to the facts of the case, ensuring that the trial is conducted fairly and according to legal principles. The judge's role is to instruct the jury on the relevant laws, guide them in their deliberations, and ultimately make the final rulings on legal matters. The jury, on the other hand, determines questions of fact and decides whether the defendant is guilty or not guilty based on the evidence presented.

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91. Kim was found guilty of drink driving. What did the presecution prove?

Explanation

The prosecution proved that Kim was the person driving the vehicle and her blood alcohol concentration was above the legal limit. This means that Kim was both the driver of the vehicle and had a blood alcohol concentration that exceeded the legal limit, which is a clear violation of drink driving laws.

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92. As a result of crowd violence leading to arrests at previous games, fans from opposing teams are now required to sit on different sides of the playing field. What is this an example of?

Explanation

This is an example of a situational crime prevention strategy because it involves changing the physical environment (seating arrangements) to prevent crime (crowd violence and arrests). By separating fans from opposing teams, the likelihood of confrontations and violence is reduced, creating a safer environment for everyone involved.

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93. Which type of hearing establishes if there is a prima facie case?

Explanation

A committal hearing is a type of hearing that determines if there is enough evidence to proceed with a trial. During this hearing, the court examines the evidence presented by the prosecution to establish if there is a prima facie case, meaning there is sufficient evidence to suggest that the accused has committed the alleged offense. Therefore, a committal hearing is the type of hearing that establishes if there is a prima facie case.

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94. A person is arrested for possession of illegal drugs. Which of the following will definitely increase the possibility of bail being granted?

Explanation

The fact that the accused is a minor can increase the possibility of bail being granted because minors are generally seen as less of a flight risk and less likely to pose a threat to society. Additionally, minors may be considered more vulnerable and in need of protection, which could influence the decision to grant bail.

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95. Which of the following is a purpose of punishment?

Explanation

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.

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96. The purpose of specific deterrence in sentencing is to..

Explanation

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.

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97. "Judy was charged with murder. Her defence of substantial impairment by abnormality of the mind was accepted. Judy was then convicted of manslaughter in a judge-only trial. She had prior serious criminal convictions and was sentenced to three years imprisonment." ----------------------- For Judy's defence, it was necessary for her to show evidence of

Explanation

Judy's defence of substantial impairment by abnormality of the mind suggests that she had a limited ability to understand events. This means that her mental state at the time of the crime affected her comprehension and decision-making abilities. Therefore, this defence was accepted, leading to her conviction of manslaughter instead of murder. The fact that she had prior serious criminal convictions and was sentenced to three years imprisonment indicates that the court considered her limited ability to understand events as a mitigating factor in her sentencing.

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98. What is the purpose of a committal hearing?

Explanation

The purpose of a committal hearing is to establish the state's case. During this hearing, the prosecution presents evidence and witnesses to demonstrate that there is enough evidence to proceed with a trial. The judge evaluates the strength of the case and determines if there is sufficient evidence for the accused to be formally charged and stand trial. This hearing helps ensure that only cases with a reasonable chance of success go to trial, saving time and resources for both the court and the parties involved.

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99. What is the first duty of the police once Kim and Ashley arrive at the police station

Explanation

The first duty of the police once Kim and Ashley arrive at the police station is to contact their parents or guardians. This is important because minors should not be questioned or detained without the knowledge and presence of their legal guardians. Contacting their parents or guardians ensures that they are informed about the situation and can provide necessary support and guidance to the minors during the process.

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100. THe Australian Government has ratified an international human rights treaty. What is the practical effect of this?

Explanation

The ratification of an international human rights treaty by the Australian Government enables them to enact human rights legislation. This means that the government can create laws and regulations that protect and promote human rights within the country. Ratifying the treaty shows a commitment to upholding human rights standards and allows the government to take action to ensure the rights of its citizens are respected and protected.

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101. An Australian citizen is unable to achieve a remedy in the Australian court system. The United Nations Human Rights Council agrees to hear the case recommends a remedy. Which of the following statements regarding the recommendation is correct?

Explanation

The correct answer is that it will place pressure on the Australian government to act. This is because the recommendation from the United Nations Human Rights Council is not legally binding on an Australian court or the government. However, the recommendation carries moral and political weight, which can influence the Australian government to take action and address the issue at hand.

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102. What is the primary function of a judge in the adversial system?

Explanation

The primary function of a judge in the adversarial system is to decide what evidence can be admitted. This means that the judge has the authority to determine which evidence is relevant, reliable, and admissible in court. By making this decision, the judge ensures that only appropriate evidence is presented to the jury, allowing for a fair and just trial.

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103. What is the role of the Director of Public Prosecutions?

Explanation

The role of the Director of Public Prosecutions is to review the charges against an accused person. This means that they are responsible for assessing the evidence and determining whether there is enough to proceed with a trial. They also have the authority to withdraw charges if they believe there is insufficient evidence or if it is not in the public interest to proceed. This role ensures that the prosecution process is fair and that individuals are not unjustly prosecuted.

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104. A community centre provides activities to improve the behaviour of local teenagers. What is this an example of?

Explanation

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.

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105. Which of the following is an example of a collective right?

Explanation

Self-determination is an example of a collective right because it refers to the right of a group of people, such as a nation or ethnic group, to determine their own political status, form their own government, and pursue their economic, social, and cultural development. It is a collective right because it involves the rights and aspirations of a collective group rather than individual rights.

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106. Which of the following would be most appropriate defence for Ariel

Explanation

The most appropriate defense for Ariel would be duress. Duress is a legal defense that can be used when a person is forced or coerced into committing a crime under the threat of harm or death. In this case, Ariel may argue that they were compelled to engage in the alleged wrongdoing due to the fear of serious harm or death. By claiming duress, Ariel can argue that they were not acting willingly or with intent, and therefore should not be held fully responsible for their actions.

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107. Which of the following is a feature of victim impact statements in NSW?

Explanation

Victim impact statements in NSW are presented at sentencing. This means that during the sentencing phase of a criminal trial, the victim or their representative is given the opportunity to present a statement to the court describing the physical, emotional, and financial impact of the crime on the victim and their family. This allows the court to consider the full extent of the harm caused by the offender and can influence the judge's decision on the appropriate sentence to be imposed.

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108. In 2006, the Crimes Legislation (Gangs) Act (NSW) came into force. This increased both police search powers and maximum sentences and gang-related offences.The passing of this act is an example of

Explanation

The passing of the Crimes Legislation (Gangs) Act in 2006 is an example of law reform. Law reform refers to the process of making changes or improvements to existing laws in order to address new or emerging issues. In this case, the act was enacted to specifically target gang-related offenses and address the increasing concerns regarding gang activities. The act not only increased police search powers and maximum sentences but also aimed to enhance the effectiveness of law enforcement in dealing with gang-related crimes. Therefore, the passing of this act can be considered as an instance of law reform.

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109. Jordyn is a homeless youth and is being sentenced for armed robber. This is his second offence. Which of the following is a mitigating circumstance?

Explanation

Jordyn's age can be considered a mitigating circumstance because being a youth may indicate a lack of maturity and judgment. It suggests that Jordyn may not fully understand the consequences of their actions and may be more susceptible to negative influences. This could potentially lead to a more lenient sentence, taking into account their age and the potential for rehabilitation and reform.

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110. A police officer orders a persona to come with her to a police station

Explanation

The correct answer is arresting a person. This is because when a police officer orders someone to come with them to a police station, it typically indicates that the person is being placed under arrest. The officer has probable cause to believe that the person has committed a crime and needs to be taken into custody for further questioning and processing at the police station.

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111. Who would usually issue and arrest warrant?

Explanation

A judicial officer would usually issue an arrest warrant. This is because a judicial officer, such as a judge or magistrate, has the authority to review evidence and determine whether there is enough probable cause to issue a warrant. The police may request the warrant, but it is ultimately the judicial officer's decision to approve and issue it. The Premier and the Attorney-General do not typically have the authority to issue arrest warrants.

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112. 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?

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.

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113. 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?

Explanation

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.

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114. 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?

Explanation

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.

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115. 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?

Explanation

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.

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116. Which of the following is most likely to be a tort?

Explanation

The most likely scenario that constitutes a tort is option (D) where a woman breaks her leg on a wet surface while shopping and sues for damages. A tort is a civil wrong that causes harm or injury to someone, resulting in legal liability for the person who committed the wrongful act. In this case, the woman suffered an injury due to the negligence of the store owner or management in maintaining a safe shopping environment, which gives her the right to seek compensation for her damages. Options (A), (B), and (C) involve criminal charges or immigration matters, which are not torts.

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117. A phone app is released to make it easier for citizens to report suspected crimes to the police. How could this improve the criminal justice system.

Explanation

The release of a phone app that allows citizens to report suspected crimes to the police can improve the criminal justice system by enabling citizens to contribute to the criminal investigation process. This means that ordinary individuals can play an active role in assisting law enforcement agencies in identifying potential criminal activities. By reporting their suspicions through the app, citizens can provide valuable information that can aid in solving crimes and apprehending perpetrators. This increased citizen participation can enhance the effectiveness and efficiency of the criminal justice system, as it expands the pool of individuals who can assist in maintaining law and order.

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118. A 12-year-old child is on trial for a crime. The prosecution must show that the necessary mens rea was present when the child committed the crime. Which of the following must the prosecuion prove?

Explanation

The prosecution must prove that the child knew the act was morally wrong. This means that the child had an understanding that their actions were against the accepted standards of right and wrong. It is not enough for the prosecution to show that the child knew they were misbehaving or disobeyed the direction of an adult. Additionally, it is not necessary for the prosecution to prove that the child did not care whether the act was criminal. The focus is on the child's understanding of the moral wrongness of their actions, rather than their knowledge of the specific legal consequences.

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119. Which of the following may be an aggravationg factor when sentencing in a criminal trial?

Explanation

The age of the victim may be an aggravating factor when sentencing in a criminal trial because crimes committed against vulnerable individuals, such as children or the elderly, are often considered more heinous and deserving of harsher punishment. The age of the victim can also indicate a greater level of harm or trauma inflicted by the offender, which may warrant a more severe sentence.

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120. The government announces a program that aims to improve school attendance for students who have high absentee rates. How could this initiative best be described?

Explanation

This initiative can be best described as social crime prevention because it aims to address the issue of high absentee rates among students, which can potentially lead to delinquency and criminal behavior in the future. By improving school attendance, the government is taking proactive measures to prevent social problems and reduce the likelihood of students engaging in criminal activities.

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121. Which of the following is correct about a person's right to legal aid when on trial for a serious indictable offence?

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.

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122. A person is convicted of a drug offence in the District Court. The person wishes to have this conviction reviewed. Which court would the person go to?

Explanation

If a person wishes to have their drug offence conviction reviewed, they would go to the Court of Criminal Appeal. This court is specifically designed to handle appeals related to criminal cases, including drug offences. The District Court is the initial court where the person was convicted, but if they want to challenge the decision, they would need to go to the Court of Criminal Appeal. The Drug Court is a specialized court that focuses on rehabilitation rather than appeals. The High Court and Federal Court have different jurisdictions and do not handle criminal appeals in this context.

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123. What is different between a civil law and a criminal law hearing?

Explanation

In a civil law hearing, the standard of proof is typically "preponderance of the evidence," meaning that the evidence presented must show that it is more likely than not that the defendant is responsible for the harm alleged. In contrast, in a criminal law hearing, the standard of proof is "beyond a reasonable doubt," which is a higher standard requiring the prosecution to prove that there is no reasonable doubt that the defendant committed the crime.

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124. Which of the following is an example of how the International Criminal Court promotes compliance with human rights standards?

Explanation

The International Criminal Court promotes compliance with human rights standards by prosecuting individuals accused of war crimes. War crimes are serious violations of international humanitarian law, which includes acts such as torture, murder, and sexual violence committed during armed conflicts. By holding individuals accountable for these crimes, the ICC helps deter future violations and sends a message that such actions will not be tolerated. This contributes to the promotion and protection of human rights globally.

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125. How does the NSW Circle Sentencing process seek to imporve the sentencing of offenders?

Explanation

The NSW Circle Sentencing process seeks to improve the sentencing of offenders by involving the community in sentencing. This means that members of the community, such as Elders and respected individuals, play a role in the decision-making process. By including the community, it is believed that a more holistic and culturally appropriate approach to sentencing can be achieved. This can lead to better outcomes for both the offender and the community as a whole.

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126. What is the main aim of the international covenant on civil and political rights

Explanation

The main aim of the International Covenant on Civil and Political Rights is to protect people from arbitrary use of power by governments. This means that the covenant seeks to safeguard individuals' rights and freedoms, ensuring that governments do not abuse their authority and infringe upon the civil and political rights of their citizens. It emphasizes the importance of protecting individuals' rights to life, liberty, and security of person, as well as their right to be free from torture, cruel, inhuman, or degrading treatment or punishment. The covenant also upholds the rights to freedom of thought, conscience, religion, expression, assembly, and association, among others.

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127. Human rights are best protected in New South Wales by

Explanation

In New South Wales, human rights are best protected by judge made law. This means that judges interpret and apply existing laws to ensure the protection of human rights. They have the authority to make decisions based on legal principles and precedents, which can help safeguard individual rights and freedoms. This approach allows for flexibility and adaptability in addressing new and emerging human rights issues, ensuring that the protection of human rights remains up-to-date and relevant in the context of New South Wales.

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128. A former police officer is convicted of a crime and requests to be placeed in protective custody. What is this an example of?

Explanation

This scenario is an example of post-sentencing considerations because it involves a convicted former police officer who is requesting to be placed in protective custody after being found guilty of a crime. Post-sentencing considerations refer to the actions taken by the criminal justice system after a sentence has been imposed, such as determining the appropriate conditions of confinement or supervision for the convicted individual. In this case, the request for protective custody is a consideration made in response to the individual's status as a former police officer and the potential risks they may face in a correctional facility.

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129. 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?

Explanation

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.

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130. Human rights are best protected in Australia when they are:

Explanation

Human rights are best protected in Australia when they are incorporated into legislation because this ensures that they are legally binding and enforceable. When human rights are included in legislation, it provides a clear framework for individuals to seek legal remedies if their rights are violated. It also creates accountability for the government and other institutions to respect and protect these rights. Incorporating human rights into legislation also helps to establish a consistent and uniform approach to their protection, ensuring that all individuals are treated equally and fairly under the law.

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131. New legislation proposes mandatory sentencing. A judge comments that the proposed legislation challenges judicial discretion. The judge is able to make these comments based on whic legal prinicple?

Explanation

The judge is able to make these comments based on the legal principle of separation of powers. This principle refers to the division of governmental powers among the legislative, executive, and judicial branches. It ensures that each branch has its own distinct functions and powers, preventing any one branch from becoming too powerful or infringing on the powers of the others. In this case, the judge is suggesting that the proposed legislation, which mandates sentencing, challenges the judicial branch's discretion by limiting their ability to make individualized judgments in sentencing.

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132. Both the federal and NSW Paliament enact anti-discrimination legislation. Which of the following best describes this power?

Explanation

Concurrent power refers to the power shared by both the federal and NSW Parliament to enact anti-discrimination legislation. This means that both levels of government have the authority to create and enforce laws against discrimination, allowing them to work together or independently on this issue.

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133. Which court has original jurisdiction to hear these changes

Explanation

The local court has original jurisdiction to hear these changes. This means that the local court is the first court that has the authority to hear and decide on cases related to the changes mentioned. It is the court that has the initial power to handle these matters, rather than the drug court, district court, or supreme court.

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134. Why could Kim and Ashley be charged with a strict liability offence

Explanation

Kim and Ashley could be charged with a strict liability offense because they had possession of the spray paint cans on the train. Strict liability offenses do not require proof of intent or knowledge of the illegal act. In this case, simply having possession of the spray paint cans is enough to be charged, regardless of whether they intended to use them or had proof of purchase.

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135. 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?

Explanation

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.

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136. If an individual's personal information is stolen and used to commit financial fraud, which procedure should the victim follow to resolve the situation?

Explanation

In the event of personal information theft and financial fraud, it is crucial to report the incident to local law enforcement. They can initiate an investigation into the matter and gather evidence to pursue the perpetrator. Additionally, victims should also consider taking steps such as notifying credit bureaus and contacting financial institutions to prevent further fraudulent activities. 

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137. 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?

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.

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138. What is the purpose of a committal hearing?

Explanation

A committal hearing is held to determine whether there is enough evidence to proceed with a trial for indictable offences. During the hearing, the prosecution presents evidence to convince the court that there is a prima facie case against the accused. The purpose is to establish that there is a reasonable likelihood that the accused committed the offence and that a trial is warranted. This hearing helps filter out weak cases and ensures that only cases with sufficient evidence proceed to trial.

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139. Which of the following human rights is expressly recognised in the Australian Constitution?

Explanation

The Australian Constitution does not expressly recognize any specific human rights. However, the High Court of Australia has interpreted the Constitution to imply a freedom of religion. This interpretation is based on the implied freedom of political communication, which has been extended to include freedom of religious belief and practice. Therefore, while not explicitly stated in the Constitution, freedom of religion is recognized in Australia through judicial interpretation.

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140. Why does the DIrector of Public Prosecutions issue Prosecution Guidelines?

Explanation

The Director of Public Prosecutions issues Prosecution Guidelines to guide prosecutors in their decision-making process and to inform the public about the actions taken by the prosecution. These guidelines help ensure consistency and fairness in the prosecution process and provide transparency to the public regarding the principles and policies followed by the prosecution. By issuing these guidelines, the Director of Public Prosecutions aims to maintain public confidence in the criminal justice system and to ensure that prosecutions are conducted in a just and accountable manner.

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141. Which of the following is true of victim impact statements?

Explanation

Victim impact statements are an important component of the criminal justice system as they aim to include the interests and perspectives of the victims. These statements allow victims to express the emotional, physical, and financial impact that the crime has had on their lives. By presenting these statements in court, victims are given a voice and an opportunity to be heard before the accused is found guilty. This helps ensure that the criminal justice system takes into account the needs and rights of the victims, providing them with a sense of justice and closure.

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142. Which of the following legal principles refers to the protection against being tried for the same crime twice?

Explanation

The principle of Double Jeopardy protects an individual from being tried twice for the same offense after acquittal or conviction. This principle is part of many legal systems and aims to ensure fairness in the judicial process by preventing repeated prosecution for the same crime. Habeas Corpus refers to the right to challenge unlawful detention, Ex Post Facto laws retroactively change the legal consequences of actions, and Due Process ensures fair treatment through the judicial system.

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143. Which of the following is an example of an intergovernmental organization?

Explanation

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.

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144. 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:

Explanation

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.

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145. Which of the following is an example of an intergovernmental organization?

Explanation

The Human Rights Council is an example of an intergovernmental organization because it is composed of representatives from various governments around the world. It is a United Nations body responsible for promoting and protecting human rights globally. The council allows governments to come together, discuss human rights issues, and develop strategies to address them. Amnesty International and Human Rights Watch are non-governmental organizations that work independently from governments, while the International Committee of the Red Cross is a humanitarian organization that operates independently but works closely with governments during times of conflict.

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146. Which of the following is a feature of statutory protection of human rights in Australia?

Explanation

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.

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147. Which of the following is a complete defence to a crime?

Explanation

Necessity is considered a complete defense to a crime because it involves committing an illegal act in order to prevent a greater harm. In legal terms, it means that the accused had no reasonable alternative but to commit the crime to avoid an imminent threat or danger. This defense acknowledges that sometimes individuals may need to break the law to protect themselves or others from harm, and therefore should not be held fully accountable for their actions.

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148. Which of the following rights is protected by the First Amendment to the U.S. Constitution?  

Explanation

The First Amendment to the U.S. Constitution protects several fundamental rights, including freedom of speech. This right allows individuals to express themselves without government interference or regulation. It is one of the core principles of American democracy, ensuring open discourse, the exchange of ideas, and the ability to criticize the government. The other options, like the right to a fair trial and the right to bear arms, are protected by different amendments.

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149. In sentencing an offender, the judges focuses on the importance of retribution. What is the judges aim in focusing on this?

Explanation

The judge's aim in focusing on retribution is to penalize the offender. Retribution is a form of punishment that seeks to balance the scales of justice by imposing a penalty that is proportionate to the harm caused by the offender's actions. By penalizing the offender, the judge aims to hold them accountable for their wrongdoing and send a message that their actions will not be tolerated. This approach is based on the belief that punishment is necessary to maintain social order and deter others from engaging in criminal activity.

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150. How is the right to legal representations best described?

Explanation

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.

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151. How does the seperation of powers relate to human rights legislation in Australia?

Explanation

The separation of powers in Australia refers to the division of powers and functions between the three branches of government: the judiciary, the executive, and the legislature. In relation to human rights legislation, the executive branch is responsible for applying and enforcing the legislation. This means that they are responsible for implementing and carrying out the provisions of the legislation in practice. The executive branch, which includes the government and its agencies, ensures that the human rights legislation is put into action and that individuals' rights are protected and upheld.

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152. Where a human right is set out in an international instrument, the action that best ensures its protection in Australian law is for it to be

Explanation

When a human right is set out in an international instrument, the action that best ensures its protection in Australian law is for it to be enacted. Enacting a human right means incorporating it into domestic legislation, making it enforceable and legally binding within the country. This ensures that the right is recognized and protected by the national legal system, providing individuals with the ability to seek remedies and hold the government accountable for any violations. Ratifying an international instrument means formally accepting or agreeing to be bound by its provisions, but it does not guarantee that the rights will be fully protected and enforced in domestic law. Therefore, enacting the human right is the most effective action for its protection in Australian law.

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153. 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?

Explanation

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.

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154. 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?

Explanation

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.

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155. A magistrate has suspended a person's driver's license. The person decides to appeal the decision. Which court would be most likely to hear the appeal?

Explanation

The District Court would be most likely to hear the appeal because it is a higher court than the Local Court and has the jurisdiction to review decisions made by lower courts. The Licensing Court is not a commonly recognized court and may not have the authority to hear appeals related to driver's license suspensions. The Court of Criminal Appeal is specifically for criminal cases and may not be the appropriate venue for an appeal regarding a driver's license suspension.

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156. Which of the following is true of circle sentencing?

Explanation

Circle sentencing involves a magistrate. Circle sentencing is a restorative justice practice where a group of individuals, including the offender, the victim, community members, and a magistrate or judge, come together to discuss the offense and determine an appropriate resolution. The magistrate plays a crucial role in facilitating the circle and ensuring that the process adheres to legal principles. They provide guidance, ask questions, and help the group reach a consensus on the offender's penalty or sentence.

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157. The Children's Court decides that a 15-year-old should be sent to a juvenile justice centre for twelve months. What is this an example of?

Explanation

This is an example of a control order. A control order is a legal measure used by the court to impose restrictions and supervision on a person's activities. In this case, the Children's Court has decided to send the 15-year-old to a juvenile justice center for twelve months, which implies that the court has imposed certain restrictions and supervision on the individual's movements and actions during this period.

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158. Which of the following actions by the police would NOT be permitted by law?

Explanation

The police insisting that Kim and Ashley go to the police station would not be permitted by law because individuals cannot be forced or coerced into going to the police station without a valid reason or legal basis. While approaching them on the train, seizing the spray paint cans, or asking them a series of questions are actions that the police can legally take in certain situations, insisting on going to the police station without proper justification would infringe on their rights and would not be permitted.

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159. Which of the following is a central feature of natural justice?

Explanation

Natural justice is a legal principle that ensures fair treatment and procedural fairness in legal proceedings. One of its central features is that decisions should be based on evidence. This means that any decision or judgment should be made after considering all relevant evidence presented by both parties involved in the case. This ensures that decisions are objective, unbiased, and based on factual information rather than personal opinions or biases. By requiring decisions to be based on evidence, natural justice promotes fairness and transparency in the legal system.

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160. The International Covenant on Economic, Social and Cultural rights is an example of:

Explanation

The International Covenant on Economic, Social and Cultural rights is considered a formal statement of human rights because it is a legally binding treaty that outlines the rights and freedoms of individuals in relation to economic, social, and cultural aspects. It sets forth the obligations of states to respect, protect, and fulfill these rights, and provides a framework for monitoring and enforcing compliance. As a formal statement of human rights, it serves as a guide for countries to ensure the well-being and dignity of their citizens in these specific areas.

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161. The NSW Parliament changes an indictable offence to a summary offence. A defendant is now charged with that summary offence. What right is no longer guarenteed?

Explanation

When an indictable offence is changed to a summary offence, the right to be judged by peers is no longer guaranteed. This means that the defendant will not have the opportunity to have their case heard and decided upon by a jury of their peers. Instead, their case will be heard and decided upon by a judge or magistrate. This change in the right to be judged by peers can have significant implications for the outcome of the case, as the decision will now rest solely on the judge or magistrate's interpretation of the law and the evidence presented.

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162. In the district court, 25-year-old Morgan is convicted of drug trafficking. What is the highest court that could hear an appeal by Morgan against the conviction?

Explanation

The High Court of Australia is the highest court in the country and has the jurisdiction to hear appeals from all other courts in Australia. As Morgan is convicted in the district court, the highest court that could hear an appeal against the conviction would be the High Court of Australia.

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163. A sixteen-year-old person has been found in possession of a can of spray-paint. Which of the following describes this category of offence?

Explanation

Strict liability refers to a legal principle where a person can be held responsible for an offense regardless of their intent or knowledge. In this case, the fact that a sixteen-year-old person was found in possession of a can of spray-paint indicates a strict liability offense. This means that the person can be held accountable for the offense, regardless of whether they intended to commit a crime or were aware of the legal implications of their actions.

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164. Which of the following is true of the Universal Declaration of Human Rights?

Explanation

The Universal Declaration of Human Rights is a document that was adopted by the United Nations General Assembly in 1948. It is not a multilateral treaty, as it is not a legally binding agreement between states. While its articles are not legally enforceable, they do provide a set of principles and standards for human rights that have been widely accepted and recognized internationally. The declaration applies to all countries, not just developed ones, and it serves as a foundational document that defines the agreed-upon meaning of human rights.

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165. How are international human rights protected under Australian Law?

Explanation

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.

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166. The police hold Susan in custody because they believe she may commit a serious crime. What is this an example of?

Explanation

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.

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167. What is the first step in a criminal trial process for murder?

Explanation

In a criminal trial process for murder, the first step is typically a committal hearing. This is a preliminary hearing where the court determines if there is enough evidence to proceed with a trial. During the committal hearing, the prosecution presents evidence and witnesses to establish a prima facie case against the defendant. If the court finds that there is sufficient evidence, the case will proceed to trial. This step is important as it ensures that cases without merit or lacking evidence do not proceed to trial, saving time and resources.

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168. Why is the ratification of international agreements important in protecting human rights in Australia?

Explanation

The ratification of international agreements is important in protecting human rights in Australia because it allows domestic laws to incorporate protections. By ratifying these agreements, Australia agrees to abide by international standards and principles for human rights, which can then be incorporated into domestic legislation. This ensures that individuals within Australia are afforded the same rights and protections as outlined in the international agreements, strengthening the overall protection of human rights within the country.

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169. 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?

Explanation

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.

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170. International human rights are best protected in NSW by

Explanation

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.

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171. Kim is 12 years old. She has been accused of shoplifting from a major retail store. The matter has proceeded to court. Which of the following applies to Kim?

Explanation

Based on the information provided, Kim is 12 years old, which suggests that she is below the age of criminal responsibility. This means that she is presumed to be incapable of committing the offense and will be acquitted.

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172. A national government bans all forms of public protest by an environemental group. What is being denied by the government

Explanation

The government is denying the environmental group's civil and political rights by banning their ability to engage in public protest. Civil and political rights include the freedom of expression, assembly, and association, which are essential for individuals and groups to voice their concerns and advocate for change. By prohibiting public protests, the government is limiting the group's ability to exercise these fundamental rights.

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173. An Australian citizen has been charged under laws enacted by the Crimes (Child Sex Tourism) Amendment Act 1994 (Cth.) The alleged events occurred when he was on holiday in Indonesia. This is an example of the operation of which type of law?

Explanation

This is an example of the operation of Australian domestic law because the Crimes (Child Sex Tourism) Amendment Act 1994 (Cth.) is a law enacted by the Australian government. The fact that the alleged events occurred in Indonesia does not change the fact that the individual is being charged under Australian law.

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174. Lou is Suspected by the police of having a stolen a car. Which of the following is a legal power that the police have when they approach Lou?

Explanation

The correct answer is (A) To arrest Lou. When the police suspect someone of committing a crime, they have the legal power to arrest that person. In this case, since Lou is suspected of stealing a car, the police can exercise their power to arrest him. This means they can take him into custody and bring him to the police station for further questioning and investigation.

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175. In this case an appeal is most likely to be made by

Explanation



In legal cases, the Director of Public Prosecutions (DPP) might appeal a sentencing decision if they believe the sentence handed down is not commensurate with the severity of the crime, hence being "inadequate." This scenario suggests a belief that the punishment does not adequately address the crime's seriousness, warranting an appeal for a potentially harsher sentence. Appeals by the DPP on the grounds of inadequate sentencing are common when the state seeks to ensure that justice is perceived as being fairly administered, especially in serious cases like manslaughter.
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176. A driver under the influence of alcohol causes damage to the value of $10,000 to another car. The driver is sentenced to imprisonment for drunk driving. What sort of offense has the driver been convicted of?  

Explanation

The driver has been convicted of both an indictable and a summary offense.

Indictable offense: This is a more serious offense that can be tried in a higher court (Crown Court) and often carries a heavier penalty, such as imprisonment. In this case, causing significant damage to property while under the influence of alcohol would likely fall under this category.

Summary offense: This is a less serious offense that is usually tried in a lower court (Magistrates' Court). Drunk driving itself is typically classified as a summary offense.

Therefore, the driver's actions have resulted in both a serious charge for the damage caused and a less serious charge for the act of drunk driving.

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177. Which of the following would be a feature of a stautory Charter of Rights in Australia?

Explanation

A statutory Charter of Rights in Australia would need to be able to be adapted to changing values in order to remain relevant and effective over time. As societal values and norms evolve, the Charter should have the flexibility to reflect these changes and ensure that the rights and freedoms it protects align with the current needs and expectations of the Australian population. This adaptability would allow for the Charter to address emerging issues and provide a framework for protecting individual rights in a dynamic and evolving society.

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178. What was the basis for the abolition of slavery?

Explanation

The basis for the abolition of slavery was the 'natural law' doctrine. This doctrine argues that all individuals have inherent rights and freedoms that cannot be violated, including the right to liberty. Slavery was seen as a violation of these natural rights, and therefore, it was abolished to uphold the principles of natural law.

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179. Which of the following is true when police have detained and are interviewing a 16-year-old person?

Explanation

When police have detained and are interviewing a 16-year-old person, the child must agree to have a support person present at the interview. This means that the child has the right to have someone they trust, such as a parent or guardian, accompany them during the interview. However, it is not mandatory for a parent or lawyer to be present, and the child also has the right to refuse any support person if they wish to do so.

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180. The Australian government provides a report to a United Nations committee under the International Convenant on Economic, Social and Cultural rights. What is this an example of?

Explanation

This is an example of exercising state sovereignty because the Australian government is submitting a report to a United Nations committee voluntarily, demonstrating its control and authority over its own affairs and decisions. It is not cooperating with a non-governmental organization, complying with an order from an international tribunal, or recognizing the power of an independent statutory authority.

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181. Which of the following is true of the international criminal court?

Explanation

The correct answer is "It is established by a treaty." The International Criminal Court (ICC) is an international tribunal that was established by the Rome Statute, a treaty that was adopted in 1998. The ICC is not an ad hoc tribunal, as it is a permanent institution that has jurisdiction over the most serious international crimes, such as genocide, war crimes, and crimes against humanity. While the ICC deals with transnational crimes, it is not exclusively focused on them. Additionally, the ICC is not the judicial arm of the United Nations, although it does have a relationship with the UN.

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182. Which of the following describes a situation where police require a warrant?

Explanation

In order for the police to require a warrant, there must be a reasonable expectation of privacy. Recording a phone conversation falls under this category as it involves intercepting and recording private communication. The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures, and the requirement of a warrant ensures that law enforcement has probable cause before conducting such actions. Therefore, to record a phone conversation, the police would need to obtain a warrant.

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183. Which of the following is correct about victim impact statements?

Explanation

Victim impact statements are written by individuals who have been directly affected by a crime and wish to express the impact it has had on them. These statements are typically presented in court and become part of the evidence considered by the jury. One important aspect of victim impact statements is that the person writing it can be questioned about its contents. This allows for a thorough examination of the statement and ensures that its contents are accurate and reliable.

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184. Can the High Court of Australia establish enforceable laws?

Explanation

The High Court of Australia can establish enforceable laws because constitutional interpretation allows for it. This means that the court can interpret the Constitution in a way that grants it the authority to create and enforce laws.

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185. Which of following best describes the relationship between the criminal trial process in NSW and the Universal Declaration of Human Rights (UDHR)?

Explanation

The answer suggests that the criminal trial process in NSW aligns with the principles outlined in the Universal Declaration of Human Rights (UDHR). This means that the process respects and upholds the fundamental rights and freedoms as stated in the UDHR, ensuring a fair and just trial for individuals accused of crimes.

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186. Trevor, who is not an Australian citizen, is to be released from a NSW prision after serving a sentence of 2 years. On his release, can Trevor be deported to his country of orgin?

Explanation

Yes, Trevor can be deported to his country of origin because deportation can occur after serving a sentence of one year or more. The judge has the discretion to order deportation as part of the sentence, regardless of Trevor's citizenship status.

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187. Which of the following is true of a victim impact statement?

Explanation

A victim impact statement is a written or oral statement given by a victim of a crime to the court. It allows the victim to express the impact of the crime on their life, including physical, emotional, and financial effects. The statement is typically given after the conviction of the defendant and is used to inform the court about the consequences of the crime and to help guide the sentencing process. It does not allow the victim to recommend a punishment or provide evidence for the prosecution.

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188. What is the most likely manner in which Alex's and Shane's cases will be dealt with in the criminal justice system

Explanation

Alex's and Shane's cases will be dealt with in different courts. This means that their cases will be heard separately and not together. The reason for this could be that their cases involve different charges, different evidence, or different legal issues that require separate hearings. It is common for cases to be heard in different courts when they are not directly related or connected in any way.

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189. Which of the following demonstrates the operation of a just law?

Explanation

The operation of a just law is demonstrated by the accessibility and transparency of the law. Making statutes available on the internet ensures that they are easily accessible to the public, promoting transparency and allowing individuals to understand and abide by the law. This ensures that the law is fair and just for everyone, as it can be easily accessed and understood by all.

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190. An international treaty first becomes legally enforceable in Australia when

Explanation

An international treaty first becomes legally enforceable in Australia when Commonwealth legislation is passed giving effect to the treaty. This means that the Australian Government must pass a law that aligns with the provisions and obligations outlined in the treaty. This ensures that the treaty becomes a part of domestic law and can be enforced within the Australian legal system. The signing of the treaty by the Australian Government (option B) is an important step, but it is the passing of legislation (option D) that gives the treaty legal force in Australia.

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191. Which of the following is true of judicial guidelines?

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.

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192. An Aboriginal Land Council makes a native title claim in a New South Wales court for a particular area of land. Which of the following rights is being exercised?

Explanation

The correct answer is (C) Property. In this scenario, the Aboriginal Land Council is making a native title claim, which means they are asserting their rights and interests in a particular area of land. This aligns with the concept of property rights, as they are claiming ownership and control over the land based on their traditional and customary connections to it.

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193. Which of the following is most likely to be both public and private law?

Explanation

International law is most likely to be both public and private law because it governs the relationships between states and also regulates the conduct of individuals and businesses in their international activities. Public international law deals with the rights and obligations of states, while private international law deals with the resolution of disputes between individuals and businesses in different countries. Therefore, international law encompasses both public and private aspects, making it the most likely option to be both public and private law.

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194. Which of the following statements is an example of the rule of law?

Explanation

The rule of law refers to the principle that all individuals and institutions are subject to and accountable to the law. In this case, the statement (C) the Australian Government ratifies the treaty exemplifies the rule of law as it demonstrates that the government is following a legal process to approve and validate international agreements. This showcases the idea that even the government is bound by the law and must adhere to legal procedures in making decisions.

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What is the standard of proof in a criminal case?
A person is charged with an offence for using obscene language. In...
Police recieve information that a suspect's house is being used to...
Which of the following requires a person to attend court?
What is meant by the term state sovereignty?
Which court would hear a offence of speeding in a school zone when it...
Which of the following is a mitigating cirumstance in a sentencing...
A known offender is not released after his sentence has been served....
Alice has received an official legal document in relation to an...
Mary was found to be an accessory before the fact in a bank robbery....
A country has been criticised by the United Nations for using capital...
A police officer issues a caution instead of an on the spot fine to a...
Which of the following is best characterised as transnational crime?
Which of the following best explains state sovereignty?
What is the standard of proof in a criminal case?
What is the main role of the jury in a criminal trial?
A person is held in custody before trial. What is this called?
A pedestrian obstructs traffic. What type of offence is this?
What is the aim of a diversionary program?
How is statute law made?
Human rights in Australia are best promoted when they are:
A group of people living within a nation state wants to exercise its...
Evidence recorded by camera shows a person committing a crime. At the...
A government decides to withdraw from its obligations under the...
Melaine is arrested for assult. A magistrate decides not to release...
How is the European Union best described?
What is the purpose of diversionary programs?
The president of a nation-state is  accused of war crimes. Where...
Sam helped Chris plan a crime. Chris drove to Sam's house on his way...
A well-known public figure has served his full sentence of 20 years...
What is self-determination?
Use the following information to answer Question 5-8: 18 year old Alex...
Which of the following is NOT a feature of human rights?
Police allege a driver was speeding in a school zone. What does the...
Which of the following is the best example of a transnational crime?
What comes under the jurisdiction of the international criminal court
Which of the following is a transnational crime?
The prosecution and defence agree an offender will plead guilty to...
Which court has appeallate jurisdiction to hear criminal law matters?
Who has the burden of proof in a criminal case?
Who has the burden of proof in a criminal case?
The separation of powers in the Australian Constituation establishes...
Which of the following is NOT a basic feature of human rights?
A person who has no previous criminal record commits a minor crime....
An employee of a bank becomes aware of confidential information which...
Which of the following best describes criminal law in NSW?
Melanie has been arrested and a magistrate has determined that the...
Which of the following rights is an example of universal suffrage?
During an arguement, Don punches Jack, who later dies. Don is...
Which Statement is true of strict liability offences?
An offender and the victim of the crime attend a meeting to discuss...
Following communuity pressure about high rates of graffiti and...
Which court would investigate an unexplaied death?
Aberia is a colony og Belinia. Aberia wants to form an independent...
A member of parliament tries to influence a decision being made by the...
In which court does a magistrate have jurisdiction to hear cases?
In a criminal trial, the role of a jury is to determine whether
To what legal right are Jordan, Darcy and Ariel entitled while being...
Which of the following is an example of a collective human right?
Alex is arrested on her way to rob a bank. What category of crime can...
A person has finished a two-year prison sentence. The Minister for...
Which of the following involves both a human rights issue and a...
Andrew illegally downloaded music from the internet. What role did...
Andrew illegally downloaded music from the internet. Which catorgory...
Jordan commits a serious criminal offence. Derek then helps Jordan...
A local council is considering the installation of closed circuit...
The role of the International Court of Justice is to hear:
Anne is charged with murder. The prosecution and defence enter a...
The Australian Governament accuses the leader of another country of...
The Internation Covenant on Economic, Social and Cultural Rights is an...
Who determines if the standards of proof has been met in a criminal...
Which of the following human rights is directly recognised in the...
An accused is considered innocent until proven guilty. Which of the...
What is the use of surveillance cameras in public places an example...
Which of the following has the jurisdiction to prosecute genocide?
Pat does not have a criminal record. He pleads guilty to a charge in...
Which of the following describes the defence of duress
A person has been found guilty of aggravated sexual assault. The judge...
In the strict liability offence of selling alcohol to a 16-year-old,...
Which of the following is an example of social crime prevention?
In New South Wales, which of the following is both a human right and...
Which of the following is an example of an intergovernmental...
Of the following, the person most likely to be granted legal aid under...
Which of the following describes the fundamental prinicples of human...
Belinda is on trial for treason. Who has the role of ensuring that...
Which of the following can be a member of the united Nations?
A person is sentences to imprisonment for a perios of five years. The...
Which of the following is the most likely reason for a court to...
In the criminal justice system, decisions of higher courts are binding...
Who decides a question of law in a criminal case in the NSW Supreme...
Kim was found guilty of drink driving. What did the presecution prove?
As a result of crowd violence leading to arrests at previous games,...
Which type of hearing establishes if there is a prima facie case?
A person is arrested for possession of illegal drugs. Which of the...
Which of the following is a purpose of punishment?
The purpose of specific deterrence in sentencing is to..
"Judy was charged with murder. Her defence of substantial...
What is the purpose of a committal hearing?
What is the first duty of the police once Kim and Ashley arrive at the...
THe Australian Government has ratified an international human rights...
An Australian citizen is unable to achieve a remedy in the Australian...
What is the primary function of a judge in the adversial system?
What is the role of the Director of Public Prosecutions?
A community centre provides activities to improve the behaviour of...
Which of the following is an example of a collective right?
Which of the following would be most appropriate defence for Ariel
Which of the following is a feature of victim impact statements in...
In 2006, the Crimes Legislation (Gangs) Act (NSW) came into force....
Jordyn is a homeless youth and is being sentenced for armed robber....
A police officer orders a persona to come with her to a police station
Who would usually issue and arrest warrant?
A person is arrested for a serious crime. He excercises his right to...
Michael travels by public transport to his office in the city. He has...
Mark is charged with an offence and the matter is brought to court by...
The Supreme Court is hearing a criminal case. At the conclusion of the...
Which of the following is most likely to be a tort?
A phone app is released to make it easier for citizens to report...
A 12-year-old child is on trial for a crime. The prosecution must show...
Which of the following may be an aggravationg factor when sentencing...
The government announces a program that aims to improve school...
Which of the following is correct about a person's right to legal aid...
A person is convicted of a drug offence in the District Court. The...
What is different between a civil law and a criminal law hearing?
Which of the following is an example of how the International Criminal...
How does the NSW Circle Sentencing process seek to imporve the...
What is the main aim of the international covenant on civil and...
Human rights are best protected in New South Wales by
A former police officer is convicted of a crime and requests to be...
A government prevents women from voting in an election. This action...
Human rights are best protected in Australia when they are:
New legislation proposes mandatory sentencing. A judge comments that...
Both the federal and NSW Paliament enact anti-discrimination...
Which court has original jurisdiction to hear these changes
Why could Kim and Ashley be charged with a strict liability offence
Legislation has been changed to require mandatory imprisonment for a...
If an individual's personal information is stolen and used to...
Mary has been charged with manslaughter. Mary has told her lawyer that...
What is the purpose of a committal hearing?
Which of the following human rights is expressly recognised in the...
Why does the DIrector of Public Prosecutions issue Prosecution...
Which of the following is true of victim impact statements?
Which of the following legal principles refers to the protection...
Which of the following is an example of an intergovernmental...
A magistrate orders an offender to serve six months in gaol, to be...
Which of the following is an example of an intergovernmental...
Which of the following is a feature of statutory protection of human...
Which of the following is a complete defence to a crime?
Which of the following rights is protected by the First Amendment to...
In sentencing an offender, the judges focuses on the importance of...
How is the right to legal representations best described?
How does the seperation of powers relate to human rights legislation...
Where a human right is set out in an international instrument, the...
A woman was charged with murder. During her trial, she successfully...
Peter, while under the influence of drugs, has caused the death of...
A magistrate has suspended a person's driver's license. The person...
Which of the following is true of circle sentencing?
The Children's Court decides that a 15-year-old should be sent to a...
Which of the following actions by the police would NOT be permitted by...
Which of the following is a central feature of natural justice?
The International Covenant on Economic, Social and Cultural rights is...
The NSW Parliament changes an indictable offence to a summary offence....
In the district court, 25-year-old Morgan is convicted of drug...
A sixteen-year-old person has been found in possession of a can of...
Which of the following is true of the Universal Declaration of Human...
How are international human rights protected under Australian Law?
The police hold Susan in custody because they believe she may commit a...
What is the first step in a criminal trial process for murder?
Why is the ratification of international agreements important in...
Daniel, a 14-year-old, is convicted of public order offence. This is...
International human rights are best protected in NSW by
Kim is 12 years old. She has been accused of shoplifting from a major...
A national government bans all forms of public protest by an...
An Australian citizen has been charged under laws enacted by the...
Lou is Suspected by the police of having a stolen a car. Which of the...
In this case an appeal is most likely to be made by
A driver under the influence of alcohol causes damage to the value of...
Which of the following would be a feature of a stautory Charter of...
What was the basis for the abolition of slavery?
Which of the following is true when police have detained and are...
The Australian government provides a report to a United Nations...
Which of the following is true of the international criminal court?
Which of the following describes a situation where police require a...
Which of the following is correct about victim impact statements?
Can the High Court of Australia establish enforceable laws?
Which of following best describes the relationship between the...
Trevor, who is not an Australian citizen, is to be released from a NSW...
Which of the following is true of a victim impact statement?
What is the most likely manner in which Alex's and Shane's cases will...
Which of the following demonstrates the operation of a just law?
An international treaty first becomes legally enforceable in Australia...
Which of the following is true of judicial guidelines?
An Aboriginal Land Council makes a native title claim in a New South...
Which of the following is most likely to be both public and private...
Which of the following statements is an example of the rule of law?
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