Justice and the Australian Legal System

 

Students are required to answer all five questions. Each answer should be 500 words in length with a total assignment length of 2,500 words (+/- 10%). Include in-text referencing – this is part of your word count. Four to five different sources are expected for each answer. Include one reference list at the end – this is not a part of your word count. Use either Harvard referencing. Five Questions: Question 1: Persons who have served time in prison may be disadvantaged in their encounter with justice or the Australian Legal System. Describe and explore two of the problems they may experience in gaining equal access to justice and the legal system. Question 2: Explain the operation of the doctrine of precedent and evaluate two strengths of this method of law-making. Question 3: ‘Parliament’s task is to legislate, but the impact of that legislation can be affected by how it is interpreted by the courts.’ Explain two reasons why courts sometimes have to interpret a statute. Question 4: What is multiculturalism? With reference to the Government website on Settlement and Multicultural Affairs https://www.dss.gov.au/settlement-and-multicultural-affairs/australian-governments-multicultural-statement what is the purpose of Australia’s Multicultural Statement? Discuss the values the Statement promotes. Is racism a problem in Australia? Question 5: What does “terra nullius” mean? Why is it described as a “legal fiction”? You may refer to a case in your answer. Goal: The purpose of this task is for you to explore, critique and demonstrate your understanding of key concepts and issues relating to Justice and the Australian Legal System. Format: The short answer questions will require you to use information covered in Weeks 5 to 9 of the course and academic literature to address the issues. Criteria: You will be assessed on your ability to research and show your understanding of the respective topics, demonstrate academic writing skills, standard essay structure and appropriate referencing, using either Harvard or APA. Please see Rubric.

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