The courts can o______ make laws when a person with standing brings their case before the courts.
The costly and time-consuming nature of bringing a case to court can encourage parties in civil claims to use alternative dispute resolution (ADR) m______ (such as mediations, conciliations and arbitrations) to try to resolve their dispute, rather than judicial determinations.
The Victorian Parliament responded to Trigwell by passing an Act that a______ the common law immunity, and thus made owners of land liable for damages negligently caused by their animals straying onto highways.
The requirement for standing encourages people who do not have standing to seek means of resolving their dispute or influencing law reform that are more a_______ for their needs, such as an informal negotiation or a demonstration.
A material _______ is more than a feeling of grief or a debt of legal costs.
Because parliament is the supreme law-making body, judges c______ change the words of the statutes the judges are interpreting (even if the judges think that the words don’t reflect the current views of Australian society and/or are otherwise outdated).
An example acronym you can use to help you remember the five factors that affect the ability of courts to make law is C________.
Actual example of the High Court adopting a judicial activism approach: _____ (one word).
Judicial conservatism affects the ability of courts to make law because it d_______ courts from making significant or controversial changes to the law (judicial conservatism encourages courts to adopt narrow interpretations of the law that only take into account legal considerations).
The courts can only make laws when a person with standing brings their case before the courts. This is important because it helps result in the courts focusing their law-making on cases that have m_____, as a claim is more likely to have merit if the person bringing the claim has been directly affected by the law or issues in dispute.
Judicial activism e______ courts to adopt a broad interpretation of the law that takes into account a range of social and political factors (such as the views and values of the community and the need to protect human rights).
For courts to make law, a person with standing must have the time and money needed to bring the case to court. This affects the ability of courts to make law because, sometimes, the person who has the time, money and desire to bring a case to court doesn’t have s_______, thereby preventing the courts from being given the opportunity to make law.
Actual example of a High Court adopting a judicial conservatism approach: _____ (one word).
Judicial ______ is the concept that, when they are deciding cases, judges generally should adopt a broad interpretation of the law that takes into account a range of social and political factors (such as the views and values of the community and the need to protect human rights).
Judicial activism helps result in j____ outcomes in cases in which the existing law does not reflect the current views of Australian society and/or is otherwise outdated.
In Mabo, the High Court recognised native title. In doing so, the High Court overruled a precedent created by the Supreme Court of the Northern Territory in M_______ v Nabalco (in this case, the Supreme Court did not recognise native title).
According to the Law Council of Australia’s Justice Report, the ‘________ (two words)’ are people who are too wealthy to qualify for free legal assistance, but too poor to afford private legal assistance.
Parliament may be reluctant to enact s_________ reforms, particularly if the reforms are controversial and thus likely to cause a political party to lose votes if the reforms are enacted.
For courts to make law, a person with standing must have the time and money needed to bring the case to court. This affects the ability of courts to make law because, sometimes, the person who has standing doesn’t have this t____ a___ m_____, thereby preventing the courts from being given the opportunity to make law.
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