1. Intro To The Legal System

Question 0

How is judge made law comprised?

Answer 0

This is based on the decisions of judges made in similar previous cases. This is called common law

Question 1

Where is statute law from?

Answer 1

From acts of parliament, federal and state government can make the laws and they are called legislation

Question 2

What are the two types of law in Australia

Answer 2

Common and statute

Question 3

What law rules out of common and legislature?

Answer 3

Legislature

Question 4

The Australian Constitutional system of government comprises three main branches

Answer 4

The legislature
The executive
The judiciary

Question 5

The three branches of government under the Commonwealth Constitution

Answer 5

Legislative
Executive
Judicial

Question 6

What is delegated legislation?

Answer 6

When the basic outline of a legislation is decided in government but the actual writing the detailed rules of the law is delegated outside

Question 7

What are the ten parts of a statute?

Answer 7

Act number
Long title
Short title
Commencement date
Object or purpose
Definitions
Sections
Marginal notes
Chapters, parts or divisions
Schedules

Question 8

What are the three types of common law?

Answer 8

The law declared by judges as distinct from statutory law
Common law as distinct from equity
Common law as distinct from civil law

Question 9

What court has concurrent jurisdiction over bankruptcy and intellectual property matters?

Answer 9

The federal court

Question 10

What is the usual hierarchy of state courts?

Answer 10

Supreme Court
District or County courts
Local and Magistrate Courts

Question 11

What court has unlimited civil jurisdiction?

Answer 11

Supreme Court

Question 12

What are the two quasi-judicial bodies, tribunals and commissions under federal legislation?

Answer 12

Australian Competition and Consumer Commission

Australian Competition Tribunal

Question 13

What is public law?

Answer 13

Public law is concerning the state...
Constitutional law
Administrative law
Criminal law
Taxation law

Question 14

What is private law?

Answer 14

Law that effects organisations or individuals...
Tort law
Contract law
Competition law
Property and trusts law
Commercial law
Workplace law
Company and partnership law

Question 15

In criminal law what is the difference between summary offences and indictable offences?

Answer 15

Summary offences are usually minor and determined by the magistrate
Indictable offences are triable before and judge and jury and generally more serious

Question 16

What is it about a liberal democracy that means parliament is the “sovereign” lawmaker?

Answer 16

Parliament as elected by the people is the supreme law maker.

Question 17

What is a binding precedent?

Answer 17

Binding precedent requires that the decision of a court in a decided case binds judges in lower courts in the SAME court hierarchy in deciding cases of a similar nature

Question 18

What is the citation?

Answer 18

Citation: [2009] WASC 229 (as an example of a case)

Question 19

What is obiter dictum?

Answer 19

not a binding part of precedent and are statements of law made by the judge that are of peripheral relevance to the case, eg. observations, examples or comparisons. They are statements that the judge did not really need to make to decide the particular facture issues before him/her.

Question 20

What is ratio decidendi?

Answer 20

(the reason for deciding) is the binding part of a precedent. It is the principle of law, based upon the material facts, that caused the judge to decide the case as he or she did.

Question 21

What is common law?

Answer 21

Judge made law