PART A: Short Answer Questions
Questions 1 to 5 are each worth 3 marks. Questions 6 and 7 are each worth 5 marks. The Total for Part A is 25 marks.
- Under what circumstances can the Prime Minister of Australia dissolve both Houses of Parliament? Explain the process. (3 marks)
- How does the Australian court hierarchy influence the doctrine of precedent? (3 marks)
- Being ruled by law also means that one is subject to the Rule of Law. Evaluate this statement using 3 different arguments. (3 marks)
- Explain the significance of Mabo v Queensland [No 2] (1992) 175 CLR 1 in relation to the concept of ‘naitive title’. (3 marks)
- Why is the conduct of Nicola Gobbo (also known as ‘Lawyer X’) as police informant considered ethically reprehensible, when compared to the conduct of other police informants? (3 marks)
- Is the Charter of Human Rights and Responsibilities Act 2006 (Vic), more commonly known as the Victorian Charter, the Australian version of the US Bill of Rights? Your answer should focus on at least 3 different points (5 marks)
- Should policy considerations influence judicial decision-making or should judges strictly adhere to the doctrine of precedent? Critically evaluate this statement using two arguments for either side. (5 marks)
PART B: Statutory interpretation exercise (10 marks)
A Commonwealth Act prohibits the entry of ‘… dogs, cats, and other animals into Parliament House’. The relevant section has been added to the Commonwealth Act after a number of animals caused nuisance by barking during guided tours, damaging furniture and defecating on the premises. Lance is on holidays in Canberra and has booked a tour of Parliament House. He wants to bring his pet rabbit, Lettuce, with him. He is joined by his blind friend, Bruce, who also wants to join the tour. Bruce relies on his guidedog Bandit.
Advise Lance and Bruce whether their respective animals can join them on the Parliament House tour, using the relevant tool(s) of statutory interpretation.
Your answer follow the IRAC method (Issue, Rule, Application, Conclusion).
PART C: Legal Ethics and Current Affairs (15 marks)
Does Legal Aid ensure equal access for all to the justice system? Discuss this statement with the support of examples.
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