Module 1

Question 1

Non legal rules are derived from

Answer 1

• moral or philosophical beliefs
• Religious beliefs
• Social values
• Rules that have become customary in a community

Question 2

Legal principles

Answer 2

are statements of the broad fun. Viewpoints that the policy and philosophical direction of an area of law
E.G. A legal principle is that if you are over 18 you can vote in a parliamentary election

Question 3

Legal rules

Answer 3

are the more detailed mechanisms by which the principles are given effect
E.G. The electoral rules which are attached, e.g. If your address is correct.

Question 4

Legal system

Answer 4

means all the legal principles and rules that exist in a particular country.

Question 5

Common law vs civil law

Answer 5

common law is adversarial ( a dispute)

civil law is isquisitorial (based on codes)

Question 6

What function does the law serve?

Answer 6

• That if you pay for goods or services you will be provided with them (consumer law)
• That if you own property nobody else is able to inhabit it without your permission (property law)
• Driving on the road is made safer by the requirement that every driver have a valid drivers license (administrative law, criminal law)

Question 7

Encourages and discourages certain conduct:

Answer 7

• Criminal law discourages violent behaviour in society
• Intellectual property law encourages business to register their design or patents
• Corp law discourages directors from abusing position of power

Question 8

Grants rights and powers to individuals and groups of people

Answer 8

• A party to a contract has the right to enforce the other against the other party if they refuse to honour their obligations (contract law)
• Creditors have the power to wind up a company if it is unable to pay its debts (corp law)
• Cons have the right to have defective goods replaced or refunded when a replacement item is unavailable (consumer law)

Question 9

Imposes obligations on ind/ org to meet their legal responsibilities:

Answer 9

• Food producers must ensure that their products are safe to consume (consumer law)
• Cyclists must be careful not to harm pedestrians by riding negligently (tort law)
• Council members must make dec that conform to protocols and do not extent beyond their official power (admin law)

Question 10

Allows enforcement of recognised rights and duties:

Answer 10

• police are allowed to arrest ind who commit crimes (criminal law)
• ATO is given power to inv a false dec on a tax return (admin law, taxation law)
• The comm minister can impose mandatory safety stand for consumer goods or product related services (admin law, consumer law)

Question 11

Provides remedies when an injustice has been done:

Answer 11

• Damages can be awarded when an ind has been harmed by negligent conduct (tort law)
• A customer can be provided with a replacement item when the item was purchased defective (consumer law)
• An order of specific perf can be made when a party to a contract refuses to honour an important term of the contract (contract law)