Background Knowledge
Vocabulary
Arguments & Evidence
100
What profession is the Victorian Bar Association related to?
The law/lawyers
The Victorian Bar Association is a professional organisation representing barristers in the state of Victoria, Australia.
100
Which word is closest in meaning to disrepute?
a) chaos
b) controversy
c) shame
d) anger
c) shame
100
What is the contention of Collaris' opinion piece?
a) Acknowledgements of Country need to be made less political.
b) Acknowledgements of Country promote the establishment of a racially prejudiced legal system.
c) Acknowledgements of Country are an important way to show respect to the rich cultural history of First Nations people.
d) Acknowledgements of Country are not actually permitted, according to Australian law.
b) Acknowledgements of Country promote the establishment of a racially prejudiced legal system.
200
What is the (main) difference between an Acknowledgement of Country and a Welcome to Country?
An Acknowledgement can be performed by anyone, as a way of showing respect to the traditional custodians of the land.
A Welcome to Country can only be performed by a recognised Traditional Owner of the land on which it is being performed; generally, they are an elder of that group/tribe, or have been given permission from the elders of the group/tribe.
200
Collaris refers to "the onus of proving [a] charge beyond reasonable doubt" in their article.
Which word could replace onus?
a) responsibility
b) challenge
c) right
d) question
a) responsibility
200
Which of the following best summarises Schoff’s opinion about the term 'First Nations'?
a) It is outdated and should be replaced by the term 'Indigenous.'
b) It promotes racial division and inequality.
c) It is a way of accurately referring to people who are indigenous to this continent.
d) It is a symbolic term that communicates respect and a desire for reconciliation, but has no legal basis.
c) It is a way of accurately referring to people who are indigenous to this continent.
300
The Wurundjeri people are recognised as the traditional owners of the land on which we work and learn today. What language did/do Wurundjeri people speak?
Hint: This language will sometimes be referenced in Acknowledgements of Country.
Woi-wurrung
300
When Collaris says that "the reasons people commit crimes are complex and multi-factorial and are generally skewed towards economic, social and environmental factors," they are suggesting that:
a) Crime is mostly caused by poor personal choices and moral failings, which are independent of external conditions.
b) Criminal behaviour is the result of a range of interconnected systemic influences rather than inherent traits such as race.
c) Environmental degradation and poor urban design are the primary causes of criminal activity.
d) Judges should only consider economic, social and environmental factors during sentencing.
b) Criminal behaviour is the result of a range of interconnected systemic influences rather than inherent traits such as race.
300
Schoff mentions the "Yorta Yorta Aboriginal community v Victoria (2002)" court case as supporting evidence for their rebuttal against which one of Collaris' arguments?
Collaris argued that there are no Australian laws or legal cases which recognise the existence of distinct Aboriginal and Torres Strait Islander political societies or 'nations.'
Schoff rebuts this by citing the Yorta Yorta v Victoria (2002) case.
400
Both authors refer to Australian 'common law' in their texts, although they make opposing arguments about whether or not the term 'First Nations' has a basis in common law.
Explain the meaning of common law, also sometimes referred to as judge-made law.
Common law is a system of law based on court decisions and legal precedents, rather than laws made by parliament. Common law is made by judges when they decide cases, and those decisions help guide future cases. It’s sometimes called “judge-made law.”
In practice, common law is just a fancy way of saying that courts and judges need to follow earlier decisions and rulings — otherwise known as 'caselaw' — when dealing with similar cases later.
400
Schoff mentions in the introduction of their article that the Bar's Reconciliation Action Plan "has been supported by all Bar councils since its introduction" and suggests that they "do not expect to see it ever resiled from."
Replace "resiled from" in the sentence above with another word or phrase that has the same meaning.
Correct options include:
- abandoned
- withdrawn from
- reversed
- backed out of
400
Fill in the blank space in the following sentences:
Schoff argues that __________________________________________. This argument is supported by the image included in the body of the text, which depicts the Victoria Bar's Reconciliation Action Plan logo, alongside a caption which professes how "proud" the Bar is to "have been the first Bar in Australia" to have such a plan.
Schoff argues that Acknowledgements of Country are an important part of the Victorian Bar's historic and ongoing commitment to making Indigenous members of the Bar feel appreciated, supported and respected. This argument is supported by the image included in the body of the text, which depicts the Victoria Bar's Reconciliation Action Plan logo, alongside a caption which professes how "proud" the Bar is to "have been the first Bar in Australia" to have such a plan.