Legal 2: Aus Law

Question 1

What is equity?

Answer 1

Is a law applied when common law cannot provide a fair solution to a legal problem

• counter inflexibility and harshness of common law
• series of isolated principles

Question 2

What is precedent ?

Answer 2

A judgement made by a court that establishes a point of law

- body case used for future judgements

Question 3

What is the difference between Binding and Persuasive precedent?

Answer 3

Biding - set by higher court, lower courts must follow

Persuasive: may influence a decision but is not binding

Question 4

Why is the Adversarial system of trial?

Answer 4

• 2 opposing sides who argue a case before 3rd neutral party (judge/jury)
• evidence and witnesses
• Cross examination - not judge/jury

Question 5

What are the 4 inferior (state) courts

Answer 5

Local
Coroners
Children’s
Land and environment

Question 6

What is the local court?

Answer 6

Lowest, magistrates , settles disputes cheaply+quickly

Question 7

What is the coroners court?

Answer 7

Investigates unexplained deaths and fires

Question 8

Children’s court?

Answer 8

Matters involving

Question 9

What is the land and environmental court?

Answer 9

Inferio court, inferior , environ matters

Question 10

What is appellate jurisdiction

Answer 10

Right if a higher court to hear an appeal from a saw deal w by a lower court

Question 11

What is the district court?

Answer 11

Intermediate
Robbery and assault- more serious matters
- more money

Question 12

What is the Supreme Court?

Answer 12

Highest state court

- most serious matter w hard points of law

Question 13

What is common law?

Answer 13

A collection of legal principles derived from the decisions of judges in higher courts
- judge made law

Question 14

What are the 3 courts (not including high court) in the Federal Court Hierarchy?

Answer 14

• Federal magistrates service
• family court
• federal court

Question 15

What is the federal magistrates court ?

Answer 15

Lowest Federal court

Jurisdiction in areas of family law, bankruptcy, trade practise laws

Question 16

What is the family court of Aus?

Answer 16

Complex and specialised family law matters -divorce,custody of kids, div of property
(Equal to federal court)

Question 17

What is the federal court of Aus?

Answer 17

Broad jurisdiction - immigration, taxation, copyright etc
-court of record (decision becomes precedent)
(Equal to fam court)

Question 18

What is the High Court of Aus?

Answer 18

Highest court in Aus judicial system

• constitutional matters
• court of record (decision=precedent)

Question 19

What is Statute Law?

Answer 19

Laws made by parliament, have precedent over common law

Question 20

What is Parliament?

Answer 20

• where gov is formed and held accountable for its actions
• laws are made/passed (statute)
• issues of national importance are debated and dealt with

Question 21

Describe the structure of Aus parliament

Answer 21

-bicameral parliament: 2 Houses of Parliament (upper and lower)
And the queen rep. By Gov general
-Senate (upper-red)
-House of Reps (lower-green)

Question 22

House of Representatives

Answer 22

(Lower-green)

• make new laws+ amend existing
• provides a forum for public debate on issues of national importance
• more powerful house
• political party with maj votes =gov
• 150 members

Question 23

Senate

Answer 23

(Upper-red)

• reps States and territories, 6 states and 2 territories
• propose, debate and vote on bills and amendments
• 72 senators , voting system allows broad range of views rep.
• not allowed to amend money bills

Question 24

What is a bill?

Answer 24

A proposal for a new law or a change to an old one

Question 25

What is the legislative process?

Answer 25

1st reading- bill introduced to house of reps/senate
2nd reading- debate on bill
-public inquiry 
-discuss in detail, changes 
3rd reading - vote on bill in final form
PASSED TO OTHER HOUSE 
GOV general signs

Question 26

What is Delegated Legislation?

Answer 26

Legislation made by non-parliamentary bodies, which have been delegated the responsibility to subordinate bodies to make the laws

Question 27

Types of delegates legislation

Answer 27

1. regulations
2. ordinances
3. rules
4. by laws

Question 28

What are the advantages and disadvantages of delegates legislation?

Answer 28

Advantages:

• ppl making it tend to be experts in that area
• frees up parliament time
• easier to amend, flexible

Disadvantages:

• delegating to non elected bodies considered undemocratic
• hard to ensure consistency
• little publicity makes it hard do people to vote their views
• insufficient time and expertise to review dl

Question 29

What is the constitution?

Answer 29

Document that outlines the rules for the governing body of a nation that control power,authority and operation of a parliament
-determines what powers can be exercised by cwlth / state - div of power

Question 30

What does the separation of powers do?

Answer 30

Ensures that gov remains fair and accountable by creating checks and balances on the use of power-essential to rule of law

Question 31

What are the 3 main arms in the Separation of Powers?

Answer 31

Judiciary (judges/courts)

Legislature (parliament)

Executive (gov general/council)

Question 32

Division of powers?

Answer 32

Federal Gov:
Commonwealth
-exclusive powers- (trade, foreign relations, defence)
-has precedence

State Gov
-residual powers- (health,transport, education) wider range of issue

SHARED:
-concurrent powers - work together

Question 33

Problem with seperate on of powers ?

Answer 33

No true separation between legislature and executive - members of both

Question 34

3 main roles of the Hogh Court?

Answer 34

1. Protect constitution by ensuring gov acts within their constitutional powers
2. excersize it’s original jurisdiction (Tasmania dams case)
3. Act as final court of appeal (final decision)