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multiple choice Q10 (1 Viewer)

MiuMiu

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Originally posted by bradical
the answer is C - my teacher said so - the others dont make sence

If this isn't a lie I would be really worried about the quality of your teacher....this question is very simple and it is very worrying if your teacher picked c.
 

Golani

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I chose like the bloody idiot that i am because for a second there i thought that Native Title is concerned with the connection to the land, spirituality and so forth but i'm pretty sure it's not right.
Dispute resolution is a very large portion of customary law- conciliation, mediation etc, it's like a whole topic from year 11.
If i had time to go over the multiple choice section i would probably change my answer.

Dangggggggg
 

Golani

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Just checked some year 11 materials, connection to the land is maybe the single most important component in Aboriginal customary law, but i'm not sure that it refers specifically to Aboriginal law, and not sure that Native Title relates to the connection with the land.

On the other hand, if customary law isn't only aobut ATSI law then the whole issue of mediation, conciliation and those doesn't play a part, because not all customary law societies have that ;)
 

connie

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i think there is an argument that it could be c, because native title simply means, "the right to live on land to which one has such title and use it for traditional purposes" now this wasn't recognised in AUSTRALIAN law until the mabo case, however it was always a feature of customary law?

also it doesn't explicitly state ATSI customary law, so the answer should be applicable to any form of customary law, which includes international customary law and is dispute resolution a part of this? i don't really know the answer to that but i think Native title is definately part of customary law, i guess it's just whatever the board deems most correct!

although i definately would not say this was the easiest question
 

Golani

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Which one did you choose Connie?

Heineman states under ATSI customary law that it's practically based on dispute resolution. The answer relies on whether the question was asking about customary law in general, like Connie said, or about ATSI customary law specifically.

I really don't think it would be interternational customary law because this is practically the only question in the exam about ATSI law, so it probably is about ATSI law, and if it's not then native title is completely irrelevant.
I think it is about ATSI law, in that case the MOST CORRECT ANSWER is definately dispute resolution.

I was wrong in that one :(
 

connie

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i chose native title im starting to wish i didn't though
 

MiuMiu

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It can't be native title cos this is something that was coined by the court system only a few years ago. The basis of customary law (and no, we aren't just referring to Aboriginal customary law) is dispute resolution. That is the primary aim of the process involved in customary law, to solve disputes.
 

MaryJane

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it was b coz terra nullius and native title came from the europeans, dispute resolution is a form of customary law (their legal system without a formal court). their punishment is decided on dispute resolution between 2 parties. we learnt about it last yr coz that was our focus study. anyone who has done aborginals knows that dispute resolution is a form of customary law, a c and d dont make sense
 

bboy_insane

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It's b)

common law gave Terra nullius

and

customary law doesnt apply to aboriginals in Australia only.

How is it a FEATURE of customary law?
 

MiuMiu

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A) Doctrine of Precedent--irrelevant to customary law at all
C) Native Title-- a concept coined by the common law in the mabo case in 1996. NOT a feature of customary law (which doesn't just refer to Aboriginals)
D) Terra Nullis-- a European term, nothing to do with customary law

Thus, the answer is clearly B. C was the distractor, looks like a lot of you fell for it. Oh well, its one lousy mark.
 

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