Which of the following is a feature of customary law? (A) Native Title (B) Terra nullius (C) Dispute resolution (D) The doctrine of precedent - HSC - SSCE Legal Studies - Question 15 - 2009 - Paper 1

To determine which option is a feature of customary law, we need to analyze the choices:

• Native Title: This concept refers to the recognition of the rights of Indigenous peoples to their land based on their traditional laws and customs. While significant, it is not specifically a feature of customary law as a broader legal system.

• Terra Nullius: Translated as 'land belonging to no one,' this legal doctrine was used to justify the British claim over Australia. It is not a feature of customary law itself but rather a concept related to the colonization process.

• Dispute resolution: This is a core aspect of customary law. Customary law often involves traditional mechanisms for resolving disputes within the community, reflecting the customs and practices of that culture.

• The doctrine of precedent: This principle is a feature of common law systems, which relies on previous court decisions to guide current cases. It does not apply to customary law.

Based on this analysis, the correct answer is (C) Dispute resolution, as it directly reflects a fundamental aspect of customary law practices.