Chapter 12.1

Question 1

what does the australian legal system consist of

Answer 1

the Australian legal system consists of laws, procedures and bodies that make and enforce the laws.

Question 2

who are the two maim bodies that make law

Answer 2

the two main bodies that make law are parliament and the courts
- law made by parliament is called statute law
- law made by judges or the courts is called common law

Question 3

common law

Answer 3

law made by judges through decisions made in cases: also known as case law or judge made law

Question 4

The main role of parliament

Answer 4

the main role of parliament is to make and change the law on beheld of the people

Question 5

The main role of the courts

Answer 5

the main role of the courts is to resolve criminal and civil cases
- this is done by applying and interpreting existing statute law and previously established legal principles to then decide the case

Question 6

victorian courts are able to make law when

Answer 6

• deciding on case where there is no other law to apply to the case: when a new issue is brough before the court, the decision of the court will reult in the creation of a new common law
• conducting statutory interpretation: by interpreting the meaning of the words in an act in order to aplly the act to a case before the court

Question 7

statutory interpretation

Answer 7

the process by which judges give meaning to the words or phrases in an act of parliament (i.e a statute) so it can be applied to resolve the case before them.

Question 8

the Victorian court hierarchy consists of

Answer 8

• the high court
• the supreme court of appeal
• the supreme court trial division
• country court
• magistrates court

Question 9

The high court of autralia

Answer 9

the high court of Australia is the highest judicial law making authority in Australia. it has the authority to hear matter on appeal from each of the state and territory courts of appeal, as well as the authority to hear and determine disputes arising under the australian constitution

Question 10

The high court takes part in law making when:

Answer 10

• interpreting the constitution or an act of parliament
• expanding or changing a precious principle of law so that it may be applied to a new situation or when deciding on a case where there is no other law to apply

Question 11

Seperation of powers within the courts

Answer 11

all courts in australia are independent from the parliament and the government which aligns with the principle of the seperation of powers and the rule of law. this means judges can decide cases and establish legal principles without pressure or influence from the parliament or government of the day.
- this independency is the same for judges