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Difficulty: EasyThe Role of Courts and Judges

In the Australian legal system, what is the primary role of judges and magistrates when they hear a case in court?

  1. To interpret and apply the lawAnswer
  2. B
    To arrest and charge people who break the law
  3. C
    To pass and change the laws of Australia

Answer

The primary role of judges and magistrates is to interpret and apply the law.
The correct answer is to interpret and apply the law because judges and magistrates are part of the judiciary, which is responsible for ensuring that laws made by Parliament are used fairly and correctly to settle legal disputes and determine penalties.

Step-by-Step Solution

1
Identify the branch of government responsible for the court system.
The Judiciary (courts).
Courts are the third branch of power in Australia's system of government.
2
Distinguish between the roles of the three branches.
Parliament makes laws, the Executive puts laws into action, and the Judiciary interprets/applies laws.
The separation of powers ensures each branch has a specific job.
3
Determine the specific function of a judge within that branch.
A judge hears evidence and uses the law to decide the outcome of a case.
Judges do not make the laws or enforce them on the streets; they ensure the laws are used correctly in legal disputes.

Key Concept

The Role of the Judiciary

Hints

1
Think about the three branches of government: Parliament, the Executive, and the Judiciary.
2
The police arrest people, and the Parliament makes the laws. What is left for the judges in the courtroom?
3
The main job of a judge is to look at the existing laws and use them to decide on a legal case.

Practice More

Review the 'Separation of Powers' to understand how the Judiciary remains independent from the Parliament and the Prime Minister.
Estimated Time:45s
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Topics

The Role of Courts and Judges

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