Introduction To Law

Question 1

What is Common Law?

Answer 1

Judge or Case Made Law - Supplements Statute Law and creates some offences such as Larceny

Question 2

What Courts are included in the Local Court?

Answer 2

Childrens Court & Coroners Court

Question 3

What is Precedent?

Answer 3

The obligation of every court to loyally follow decisions of a superior Court. Absolutely binds a Judge to follow.

Question 4

What case is referenced for precedent?

Answer 4

Proctor v Jetway Aviation Pty Ltd

Question 5

What is the Doctrine of Precent?

Answer 5

Like cases ought to be decided alike. Gives stability to the justice system.

Question 6

What are the 4 kinds of precent?

Answer 6

1. Original
2. Declaratory
3. Authoritative
4. Persuasive

Question 7

What is Original Precent

Answer 7

Those that create and apply a new rule

Question 8

What is Declaratory precedents?

Answer 8

Those which suggest application of already existing law

Question 9

What is Authoritative Precedents?

Answer 9

Those which are binding and must be followed

Question 10

What is persuasive precedents?

Answer 10

Need not be followed but are worthy of consideration.

Question 11

What application do cases in the District Court have on the local court?

Answer 11

Persuasive but not binding.

Question 12

What do Supreme Court cases require from lower court cases?

Answer 12

Binding on inferior jurisdictions within that state and persuasive for other states. Does not bind itself

Question 13

Must decisions of the High Court be followed by lower Courts?

Answer 13

Binding on all lower Courts in Australia but not binding on itself.

Question 14

What is Ratio Decidendi?

Answer 14

It is the binding precedent for future cases on the same issue

Question 15

What is the orbiter dictum?

Answer 15

A judges opinion about an issue which is not at the core of the dispute in the case. It is persuasive precedent.

Question 16

What is statute?

Answer 16

Acts enacted by Parliament. Where there is a conflict between statute and case law you must follow the statute. If conflict between state and commonwealth, follow commonwealth.

Question 17

What is the case of Meller v Low about?

Answer 17

S 60 of the Crimes Act and whether a police officer must show evidence of being intimidated for the charge to succeed.

Question 18

What is the case of R v Manton?

Answer 18

This expanded further on the intimidation offence and established that it must be within the Course of duties.

Question 19

Is Manton v R or Mellor v Low to be followed?

Answer 19

Meller v Low took place in NSWSC and Manton v R in the NSWCCA. Therefore Manton should be followed as it was a superior Court.

Question 20

What Act and what year did Australia no longer have a right to appeal to the Privy Council?

Answer 20

The Australian Acts 1986