revision notes

Question 1

What is statute law?

Answer 1

Statue law is made in parliament and applies to everyone. It is recorded in statutes and superior to common law.

Question 2

What is common law?

Answer 2

Common law is made in court and applies to those who seek it. It is recorded in law reports and based upon statute.

Question 3

What is civil law?

Answer 3

Civil law involves disputes between individuals or groups, over an alleged breach of individual rights. The party who believes that their rights have been infringed (the plaintiff) takes the case to court in the hope of receiving a remedy

Question 4

What is criminal law?

Answer 4

Those that involve an individual who has committed an illegal act that inflicts harm on another individual and/or society, is taken to court (or prosecuted) by the state or government. Includes murder, armed robbery, assault and sexual offence

Question 5

What are summary offences?

Answer 5

Minor crimes heard in the Magistrates Court. Includes minor traffic offences, minor unlawful assault

Question 6

What are indictable offences

Answer 6

Generally heard in higher courts, such as the District and the Supreme Court. Includes armed robbery and murder

Question 7

What is negligence?

Answer 7

Individual claims they have suffered injury due to another personʼs failure to take reasonable care when there is a responsibility to do so.

Question 8

What is breach of contract?

Answer 8

Not fulfilling the terms of a contract

Question 9

What is defamation?

Answer 9

When a person believes they have suffered harm due to another person making false statements publicly.

Question 10

What is doctrine of precedent?

Answer 10

Basing legal decisions around previous cases to create consistency Idea, theory, belief on how something should occur

Question 11

What is stare decisis?

Answer 11

Translates to “stand by what has been decided”. Means to create justice by creating consistency in the law.

Question 12

What is juristiction?

Answer 12

Official power to make legal decisions and judgements it’s the authority of courts to make decisions in certain types of cases.

Question 13

What are the 3 rules of jurisdiction?

Answer 13

1. seriousness/value
2. geographic
3. specialist

Question 14

What is seriousness/value in jurisdiction?

Answer 14

Criminal courts have jurisdiction over certain levels of crime or the value of lawsuits in civil cases.

Question 15

What is geographic in jurisdiction?

Answer 15

State courts will deal with legal disputes based on state laws. Federal courts deal with legal disputes based on federal laws

Question 16

What is specialist in jurisdiction?

Answer 16

Some courts are uniquely set up to deal with very specific legal situations. E.g. children’s court, drug court

Question 17

What is binding precedent?

Answer 17

You are bound to this and must stay to the decisions as you are held to it. Must follow any court above own.

Question 18

What is persuasive precedent?

Answer 18

Courts will take into account this but don’t have too. It comes from other courts with the same power which is why they don’t have to follow them. Decisions from higher courts in other court hierarchies are persuasive except from the high court.

Question 19

What is ratio decidendi?

Answer 19

This is the rule of law stated by the judge as the reason for the decision. This forms to binding legal principle that is followed in precedent. It is reason for deciding.

Question 20

What is obiter dicta?

Answer 20

This is statements made “by the way”. They are comments made by the judge on a question of law, but which are not directly relevant to deciding the cased are persuasive.

Question 21

What are the facts from Donoghue vs Stevenson?

Answer 21

Ms Donoghue ordered a ginger beer and drank half. When she poured the other half out, she found parts of a decomposed snail, as a result she suffered illnesses therefore suing the company due to lack of duty of care.

Question 22

What was the Ratio decidendi from the Donoghue vs Stevenson case?

Answer 22

The reasoning behind Ms. Donoghue being able to successfully sue the company is that they negligently allowed a snail to get in the bottle causing her injury.
Breach of general duty of care, There was a harm to the consumer, Neighbour principle, Relationship of producer and consumer

Question 23

What were the facts Grant v. Australian knitting mills case?

Answer 23

Dr Grant purchased a pair of underpants from Australia Knitting mills that were covered in chemical residue causing him dermatitis and great discomfort in which he sued the company due to lack of consumer care using Donoghue precedent.

Question 24

What was the ratio decidendi from the Grant v. Australian knitting mills case?

Answer 24

In this case, the judge used the precedent set by the Donoghue v. Stevenson case which implies that any company should be held liable for injuries occurred to someone through use of their product as they did not show a general duty of care.

Question 25

Out of the two cases which one was the precedent?

Answer 25

The Donoghue vs Stevenson case was the precedent over the Grant and Australia knitting mills

Question 26

Why was the Donoghue vs Stevenson case the precedent?

Answer 26

• 4 years earlier than the other case

- Donoghue case was from England, yet the Grant mills case was in Australia

Question 27

What is the role of the high court?

Answer 27

Its the highest court in Australia. It has power over all matters to do with the Constitution. It also deals with cases involving international law and all appeals from the lower court.

Question 28

What are the 3 federal courts?

Answer 28

1. Federal Court of Australia
2. Federal family court of Australia
3. Federal circuit court of Australia

Question 29

What is the role of the federal court?

Answer 29

It hears all civil matters arising under federal laws and some criminal cases where the defendant is alleged to have committed a federal crime. eg. bankruptcy & taxation

Question 30

What is the role of the federal family court?

Answer 30

This specialist court in family law deals with family disputes and hears appeals from family law matters of the Federal Circuit Court.

Question 31

What is the role of the federal circuit court?

Answer 31

Formerly the Federal Magistrates Court,the judges can move around to different places to hear cases. this court hears fewer complex disputes in matters eg. copyright & human rights

Question 32

What are the roles of the state courts?

Answer 32

The hierarchy of courts in each state and territory varies, but all have a similar structure. This structure consists of a higher court headed by a chief justice, and intermediate and lower courts below that. All hear both civil and criminal matters. The supreme courts in each state and territory will conduct jury trials for serious major offences such as murder, they hear appeals from lower courts.

Question 33

What are some of the courts in WA?

Answer 33

Local Court, then the District Court, and the Supreme Court of WA as the superior court. All hear both civil and criminal matters

Question 34

What court is not in the ACT?

Answer 34

intermediate court

Question 35

What is statutory interpretation?

Answer 35

Statutory interpretation is when a judge is called to resolve a dispute in which there is existing legislation but the wording is unclear and needs to be interpreted or given meaning

Question 36

What are the 6 parts proving statutory interpretation is necessary?

Answer 36

1. complex language
2. parliamentary intention unclear
3. future circumstances
4. changing nature of language
5. technological advances
6. too many previous amendments