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A judge hears a case involving her brother's business - HSC - SSCE Legal Studies - Question 4 - 2008 - Paper 1

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A judge hears a case involving her brother's business. What is this an example of? (A) Actual bias (B) Apparent bias (C) Procedural fairness (D) 'Natural law' doctr... show full transcript

Worked Solution & Example Answer:A judge hears a case involving her brother's business - HSC - SSCE Legal Studies - Question 4 - 2008 - Paper 1

Step 1

Apparent bias

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Answer

The situation described in the question exemplifies 'apparent bias.' This occurs when a judge is perceived to have a conflict of interest due to a personal connection to one of the parties involved in the case—in this instance, the judge's brother. The mere perception of bias can undermine public confidence in the legal process, making it crucial for judges to recuse themselves from cases where apparent bias exists.

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