The High Court decision in Mabo is an example of which type of law?
(A) Statute law
(B) Common law
(C) Customary law
(D) International law - HSC - SSCE Legal Studies - Question 3 - 2008 - Paper 1
Question 3
The High Court decision in Mabo is an example of which type of law?
(A) Statute law
(B) Common law
(C) Customary law
(D) International law
Worked Solution & Example Answer:The High Court decision in Mabo is an example of which type of law?
(A) Statute law
(B) Common law
(C) Customary law
(D) International law - HSC - SSCE Legal Studies - Question 3 - 2008 - Paper 1
Step 1
Identify the context of the question
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Answer
The question references the High Court decision in 'Mabo', which is a landmark case in Australian law.
Step 2
Evaluate the options provided
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Answer
We need to consider what each type of law is:
Statute law refers to laws that have been enacted by a legislative body.
Common law is law that is developed by judges through decisions of courts and similar tribunals.
Customary law refers to practices that are accepted as legal norms within a particular community.
International law governs the legal relations between or among states and international organizations.
Step 3
Determine the correct type of law represented by Mabo
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Answer
'Mabo' is primarily significant as a common law decision because it overturned the legal doctrine of terra nullius and recognized the land rights of the Meriam people.
Step 4
Conclusion
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Answer
Therefore, the High Court decision in 'Mabo' is an example of (B) Common law.
