Hey guys I found a tricky multiple choice Q:
Which of the following people is most likely to receive legal aid?
A) An accused with no prior offences who is pleading not guilty
B) A young offender who is pleading not guilty
C) An accused person with prior offences who is pleading guilty
D) An accused person with a mental illness
This doesn't have an answer sheet with it so i was wondering if I could have some help here. I think that the answer would be D. Legal aid has 3 tests, being a means, merit and jurisdiction; Can the person pay, can we win, is it in our jurisdiction is a simple way to know what these tests entail. Since D has a mental illness, they would be more likely to gain an acquittal, and I don't think the accused's intention to plead guilty has any bearing on legal aid. For that reason, I'd say D. However, it is pretty tricky and I don't have an answers sheet so if anyone could confirm that would help a lot!
EDIT: While I'm at it:
The High Court of Australia overturns a statute limiting welfare payments to Indigenous people on the grounds that the government is violating the law.
Which of the following best describes how human rights have been protected?
A) International law
B) Separation of Powers
C) Statute Law
D) Constitutional Law
I'd say it's B. The judiciary has overturned a decision made by the legislature.