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Legal Studies Exam Multis

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ayylmao2600:

--- Quote from: steveb013 on October 22, 2018, 03:02:04 pm ---Some tough questions in there..

What are your thoughts on Q15:

The Australian Government provides a report to a United Nations Committee under the ICESCR. What is this an example of?

A) Exercising state sovereignty
B) Cooperating with a non-governmental organisation
C) Complying with an order from an international tribunal
D) Recognising the power of an independent statutory authority?

Answer: D?

Also I thought the hardest Question was 18:

Which of the following best describes the relationship between the CTP in NSW and the UDHR?

A) The CTP is consistent with the principles of the UDHR
B) The CTP is required by the Australian Government to comply with the UDHR
C) The UDHR is incorporated into the laws that determine the CTP
D) The UDHR provides a remedy to a convicted person who considers their conviction unfair

Torn between A and C..

--- End quote ---

It could be A or D for Q15. Most likely D, although I put A. Im pretty sure any body established by any international treaty is considered a 'statutory body' under the Legal syllabus - and so that could make D a very likely correct answer.

For Q18, I put D...probably wrong. I didn't think it was A because I felt that there were inconsistencies between the CTP and the UDHR, and not C because I don't think the UDHR determined the laws that establish the processes of the CTP. So I put D because I thought if any accused was convicted wrongly (like in contradiction to the UDHR) then they could remedy it by complaining to any UN committee. But my thinking is probably flawed, but I also think this question is too ambiguous.

steveb013:
The ICESCR Committee IS a statutory authority, so I'm fairly confident 15 is D.

As for 18, it could be any of them!

jamonwindeyer:
I’m rolling with A for 18!

- People unhappy with convictions have an appeals process, which has nothing directly to do with the UDHR, so D is out.
- No Australian Laws are directly required to adhere to the UDHR, so B is out.
- C seems off, the UDHR isn’t incorporated (references directly) in any Australian law, to my knowledge

Really weird question!

joannelovescake:

--- Quote from: steveb013 on October 22, 2018, 06:43:36 pm ---The ICESCR Committee IS a statutory authority, so I'm fairly confident 15 is D.

As for 18, it could be any of them!

--- End quote ---

yes, however, the 'power' of it is debatable :/ HR MP was tricky

joannelovescake:
Article 9.

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10.
 
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. -- procedural fairness

Article 11.
 
(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed. -- Crimes (Sentencing) Act 1999 ?


So 15 could really be either A or C...

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