multiple choice Q10 (2 Viewers)

[choosen]

which of the following is a feature of customary law????

A) the doctine of precedent
B) dispute resolution
C) Native title
D) Terraa nullius

what u people choose?? totally lost here

 

[dandaman]

maybe B but im not sure wif that either

 

[adamj]

B, definantely

 

[krissy7685]

i put d

hahaha whoops

but what has dispute resolution got to do with customary law? it woulda been a toss up of c and d...

alot of ppl in my class put d

 

[Ringo]

I put C....

 

[coolrider]

So did I - C

 

[Ringo]

Whenever I think customary law, I think 'Aboriginals!'

 

[krissy7685]

ringo a and b have nothing to do with customary law ? rite?

 

[Ringo]

well A and D certainly don't.

but I dunno about B and C

 

[bradical]

the answer is C - my teacher said so - the others dont make sence

 

[adamj]

Ok, It is not A, becuase that is a feature of Common Law, it is not C, becuase C becuase that was under the Mabo Case, not D, becuase that was a british doctrine, the BEST answer is B - Dispute resolution.

Customary Law does not only refer to Aborigines, it refers to all customary laws whihc were customs used as proceedure to deal with disputes, even the Enlgish used these, and as it became more complex, courts were established.

 

[krayziekarnevil]

i but b cos customary law is used to resolve disputes =\ (for some)

 

[adamj]

Originally posted by krissy7685
ringo a and b have nothing to do with customary law ? rite?

They have nothing to with the general idea, but the question said nothing about Aboriginal Customary Law.

Native title is people's right associated with land and water, common with Aboriginal customary law, however not English Customary Law

 

[sugamama]

YA its BBBB!

its a feature of customary law!

 

[adamj]

Finally you agree with me on something.

 

[Belinda]

I picked B too, for the same reason said by adamj, but I've never come across dispute resolution before. The only reason I picked it was because it seemed least incorrect. From the confusion, it seems like alot of people are in the same boat.

 

[sugamama]

WTF

am i the only one that read Macmillian Legal Studies??!?!?

It expressly states a feature of customary law as informality of dispute res/ use of conciliation etc..

 

[adamj]

Dispute resolition was mainly seen in Aboriginal Customary Law in terms of our studies, in year 11.

 

[sugamama]

yeah but its still covered in your Year 12 book.

I clearly studied it...its there I tell ya!

 

[MiuMiu]

Guys tha answer is b. There is no arguing this one, arguably the easiest question on the paper.
The answer is NOT native title. Native title is something invented by the common law.
Dispute resolution is the basis of customary law, the primary aim being to resolve disputes and return to a harmonious society (when you think about the processes of customary law, eg meeting together as a community to solve problems, this is the obvious and ONLY possible answer.)

Don't bother arguing on this one, there is no question that it is b. I am actually really floored that people are debating about this one.