Foundations of law

Question 1

Common law is where the decisions of judges… (1)

Answer 1

Become the law

Question 2

Why can statute be predictive? (1)

Answer 2

Because it relies on facts brought to the court (unlike common law and equity)

Question 3

Can equity prevail common law? (1)

Answer 3

Yes

Question 4

What does the legislature do? (1)

Answer 4

Comprised of elected members of parliament, the legislature makes law

Question 5

What does the executive do? (1)

Answer 5

Comprised of Cabinet, officers, departments and institutions, the executive administers law

Question 6

What does the judiciary do? (1)

Answer 6

Comprised of judges, the judiciary arbiters (settles) disputes

Question 7

What is responsible government?What is bicameral? (1)

Answer 7

• Members of the government must be members of the parliament
• NSW gov is bicameral –> made up of two houses (lower and upper)

Question 8

Two categories of cases: What do cases that apply general law use? (3)

Answer 8

• Precedent
• Rely on judge-made law

Question 9

Two categories of cases: What do cases that interpret statute use? (3)

Answer 9

• Precedent
• Rely on laws written by legislatures (Parliament)

Question 10

Two approaches to maintaining consistency and wanting to change law: Formalist

Answer 10

• Formalist = conservative
• Focused on the consistency of outcomes across the legal system

Question 11

Two approaches to maintaining consistency and wanting to change law: Activist

Answer 11

• Activist = radical
• Interpret material regarding changing social values