2008 Law&society multiple choice (1 Viewer)

[Angel_a]

2008 HSC.
Section I
Question 4::

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' doctrine

I put C) Procedural fairness but the right answer is B) Apparent bias.

What is apparent bias and actual bias??
I couldnt find it in the textbook...
is it even in the syllabus?

pls helppp.
thanks in advance =)

 

[-may-cat-]

2008 HSC.
Section I
Question 4::

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' doctrine

I put C) Procedural fairness but the right answer is B) Apparent bias.

What is apparent bias and actual bias??
I couldnt find it in the textbook...
is it even in the syllabus?

pls helppp.
thanks in advance =)

It is in the syllabus, annoyingly tucked away in your textbook in a sentence somewhere. I remember i had problems with this last year when doing past papers. My memory is a little hazy, so i wouldn't go on this 100% but im quite sure actual bias is when the judge has a direct relationship with a party (whether economic, family, social etc) which would impede on their ability to make impartial rulings (an important aspect of procedural fairness). As a result they must step down.

Apparent bias im not as sure on, i have a feeling it may be when the judge may have been indirectly influenced by outside forces which may impede on their ability to make impartial rulings, such as cases of 'trial by media'. I would take it up with your teacher, they'll give you the correct answer quicker than i can.

 

[jeff.wong]

A judge hears a case involving her brother's business. [Apparent bias] (in the sense that case is sensitive to the judge and he/she may not be suited to hear the case)

A judge hears a case involving her brother's business and rules in favour of her brother due to the relationship. [Actual bias] (in the sense that rule of law is violated)

 

[I.refuse.a.name]

2008 HSC.
Section I
Question 4::

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' doctrine

I put C) Procedural fairness but the right answer is B) Apparent bias.

What is apparent bias and actual bias??
I couldnt find it in the textbook...
is it even in the syllabus?

pls helppp.
thanks in advance =)

Just in case you still wanted extra clarification :

apparent bias is when your relationship with the plaintiff/defendent could be seen to affect your decision as an impartial (unbiased) judge. i.e. if one of the parties you are judging is your sibling, friend, business partner. It is when it appears that you have a personal interest in the case that could affect your impartiality as a judge.

Actual bias is taking it one step further. It's when your personal relationship (whether good or bad) with one of the parties you are judging impacts on your decision, and is the cause of your leniency/harshness on a defendent or whatever.

In the question it suggests there is a potential cause of bias if the judge takes the fact it is her brother into account in his sentence, but it doesn't state this has actually occurred, so it's only apparent bias.

It's not procedural fairness as judging someone in your family is not seen as fair and it is actually a potential obstruction of procedural fairness. Apparent bias is one of the components under procedural fairness, but the answer you chose suggests it's a positive display of procedural fairness rather than hindrance of it.

Hope this helps