Sample Sem Exams Answers and marking guide2009

Sample Sem Exams Answers and marking guide2009 - 1...

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AUSTRALIAN LEGAL STUDIES SEMESTER ONE EXAM SAMPLE A Multiple choice suggested answers 1. D 2. B 3. D 4. A 5. A 6. C 7. C 8. C 9. A 10. B 11. C 12. D 13. B 14. C 15. 16 17 18 19 20 B D D A D C UNSW Foundation Year Australian Legal Studies – Sample semester Exams Answers 2009 1 1
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SEMESTER 1 EXAM SAMPLE A MARKING INSTRUCTIONS Part B 21. (a) Explain the concept of a "hierarchy of courts". (5 marks) (b) Discuss the advantages of this concept as it applies in the Australian legal system. (5 marks) (c) Contrast, with references to examples, the different jurisdictions of higher and lower level courts. (10 marks) (a) Allocate 3 marks for a basic definition of a “court hierarchy” as a graded system in which courts are organised from lowest to highest, according to their jurisdiction. Allocate 2 marks for more detail, (e.g. Federal and State courts, examples, mention of original and appellate jurisdiction) (b) Allows for judicial supervision of higher courts over lower level courts. Allows for procedural fairness and due process of the law How? ( 5 marks ) i) Appeals - explain grounds for appeals. ii) Precedent - explain the operation of precedent (c) Explain the civil and criminal jurisdiction for both higher and lower courts Higher level courts High Court + examples Supreme Court + examples ( 5 marks ) Lower level courts Local Courts (different types) & District Courts ( 5 marks) In their answer students should refer to both original and appellate jurisdictions. UNSW Foundation Year Australian Legal Studies – Sample semester Exams Answers 2009 2 2
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22 (a) Explain the onus of proof and the standard of proof that applies when civil proceedings are commenced in the courts. (5 marks) (b) The New South Wales Fire Brigade, seeks your advice about how a section of an Act affects them. The section reads: “No vehicles are permitted in a National Park.” You know from reading Hansard that this section was introduced to protect the natural vegetation and animals in the parks. The NSW Fire Brigade wants to know if the section would prevent them from entering a park in their fire trucks to put out a fire. Advise the NSW Fire Brigade about how the section may be interpreted. In advising the Fire Brigade you must discuss the different approaches to statutory interpretation. (10 marks)
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Sample Sem Exams Answers and marking guide2009 - 1...

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