Lecture 1

Question 1

What is the law

Answer 1

A set of rules that regulate the activities and conduct of the members of society

Question 2

Who is the law imposed by

Answer 2

Society’s governing institutions and enforced by its courts

Question 3

What is the presumption of innocence

Answer 3

The person charged with the offence is not required to prove their innocence. Everyone is entitles to be presumed innocent until proven guilty

Question 4

What is a legal instrument

Answer 4

A legal term describing any executed written document that can be formally attributed to is author. A document the t records and formally expresses a legally enforceable act, process or contractual duty, obligation, or tight and therefore evidences that act, process or agreement

Question 5

What is subsidiary legislation

Answer 5

Includes things such as regulations, local laws, by-laws that may be referred to in the act (the doing part)

Question 6

What is a primary legislation

Answer 6

Acts

Question 7

Define a policy

Answer 7

A course or principle of action adopted or proposed by an organisation or individual

Question 8

What are appointments under the act

Answer 8

Those with appointments to ‘investigate’ or ‘enforce’ the act

Question 9

What is interpreting the law

Answer 9

The aim of interpretation of the statute/law is to find out the legislative intentions

Question 10

Explain how new laws are written

Answer 10

1. A proposal for a bill is made

2. A bill becomes a law only if it is passed by a majority vote in the House of Representatives and the Senate

Question 11

How is the Statute law made

Answer 11

Made by

• Federal Parliament
• State Parliament
• Subordinate Authorities

Question 12

How is the common law made

Answer 12

Judge made law

Question 13

What is the statutory law

Answer 13

Laws passed by the parliament become statutes or Acts of Parliament

Question 14

What is a common law

Answer 14

When an issue goes to court and there is no statute that covers it a judge will hear the case and issue a verdict. These are laws developed by judges, courts and similar tribunals, stated in decisions that have nominally decided individual cases but that in addition have presidential effects on future cases

Question 15

What is the doctrine of precedent

Answer 15

Courts have developed a number of results to guide them in their application of the common law

Question 16

Define civil law

Answer 16

Deals with the rights and obligations that people have in relation to each other, It is not enforced by the police. It deals with private disputes between private people or organisations

Question 17

Define criminal law

Answer 17

Exists to impose sanctions on citizens whose conduct is considered unacceptable enough to deserve punishment by the state

Question 18

Explain Torts Law

Answer 18

Is a civil wrong, other than a breach of contract. A tort is a civil wrong for which the innocent party is entitled to claim damages

Question 19

Define Law of Tort

Answer 19

Legal injury and compensation. Injury may be physical, economical, emotional or reputational

Question 20

Define negligence

Answer 20

Breaking the duty of care owed by one to another

Question 21

What must Plaintiff prove

Answer 21

1. They are/were owed a duty of care
2. That there has been a dereliction or breach of that duty
3. That this dereliction/breach directly caused the injury as a result of breaking the duty of care
4. Damages ere suffered
5. That there is a proximate cause

Question 22

Define the duty of care

Answer 22

Legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action of negligence

Question 23

Define defamation

Answer 23

The action of damaging the good reputation of someone; slander or libel

Question 24

What is the remedy of Tort

Answer 24

The two principal remedies available to the victim of a tort are

1. Damages to compensate for the harm he has suffered
2. An injection to prevent further harm where appropriate

Question 25

Define Vicarious Liability

Answer 25

Refers to a situation where someone is held responsible fro the actions or omissions of another person