The Australian legal system is based on parties presenting their arguments to an impartial judge - HSC - SSCE Legal Studies - Question 1 - 2002 - Paper 1
Question 1
The Australian legal system is based on parties presenting their arguments to an impartial judge. Which of the following legal systems does this statement describe?
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Worked Solution & Example Answer:The Australian legal system is based on parties presenting their arguments to an impartial judge - HSC - SSCE Legal Studies - Question 1 - 2002 - Paper 1
Step 1
Identify the Legal System
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Answer
The statement describes a system where parties present arguments, which is characteristic of an adversarial system of justice. Therefore, we need to determine which of the options is based on such a system.
Step 2
Evaluate the Options
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Answer
Let's analyze each option:
(A) A civil law system based on an inquisitorial system does not fit the description, as it emphasizes judge-led inquiries rather than adversarial arguments.
(B) A civil law system based on an adversarial system contradicts the traditional characteristics of a civil law system.
(C) A common law system based on an adversarial system is the most fitting option, as it aligns with the description of the Australian legal system.
(D) A common law system based on an inquisitorial system does not match the adversarial nature mentioned in the question.
Step 3
Select the Correct Answer
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Answer
Based on the analysis, the correct answer is (C) A common law system based on an adversarial system of justice.
