sac 3

Question 1

Reversing
Definition

Answer 1

Higher court changes a lower court’s decision.

Question 2

Reversing Key Point:

Answer 2

Same case, different outcome.

Question 3

Overruling
Definition:

Answer 3

Superior court changes precedent set by a lower court.

Question 4

Overruling Key Point:

Answer 4

Different case, new rule.

Question 5

Distinguishing
Definition:

Answer 5

Lower court finds significant differences in facts from precedent.

Question 6

Distinguishing Key Point

Answer 6

Applies different rule due to differing facts.

Question 7

Disapproving
Definition:

Answer 7

Court expresses dissatisfaction with precedent but still follows it.

Question 8

Disapproving Key Point

Answer 8

: Criticizes but adheres to existing rule.

Question 9

Statutory Interpretation: Reasons - Purpose

Answer 9

Fix drafting errors.

Question 10

Statutory Interpretation: Effects

Answer 10

Mistakes: Drafting errors lead to unclear laws.
Ambiguity: Words may be vague or unclear.

Question 11

Statutory Interpretation: Effects impact

Answer 11

Meaning: Clarifies the meaning of words and phrases.
Precedent: Sets rules for future cases and binds current parties.

Question 12

Codification-

Answer 12

Parliament passes law to make precedent at statue law

Question 13

Abrogation-

Answer 13

• When parliament passes a law to override precedent

Question 14

Doctrine of Precedent-

Answer 14

Store decisis to let the decision stand

Question 15

Binding precedent

Answer 15

Used by a superior court that all fellow lower courts in same hierarchy follow

Question 16

Persuasive Precedent

Answer 16

May be used, set by a lower court in a different hierarchy

Question 17

Express protection of rights examples

Answer 17

S116- Religions
S92- Free interstate trade commerce
S51[xxx1] Accusation of property on just terms
S80- trial by a jury per commonwealth indictable offences

Question 18

Separation of powers -

Answer 18

Legislative- Make the law
Executive- power to make and administer and manage government
Judicial- Power to enforce the law and settle disputes

Question 19

High court protecting representative government-

Answer 19

S7AND 24 chosen by the people right to vote.

Question 20

Section 7-

Answer 20

Section 7- Chosen by the people to represent them in senate

Question 21

Section 24-

Answer 21

• Chosen by the people to represent them in the House of Reps

Question 22

Bicameral structure of parliament-

Answer 22

2 house senate and house of rep

Question 23

Hostile senate-

Answer 23

when then the Australian government don’t hold majority in the senate.

Question 24

Rubber Stamp-

Answer 24

when goverment holds majority in both houses

Question 25

International pressures-

Answer 25

treaties, activist, neighbouring country’s eg age of responsibilities

Question 26

Reprenstative nature of parliament

Answer 26

ensuring diffrent races, age and gender ensuring parliment diverse

Question 27

High Court case which impact state and commonwealth law making powers[Franklin Dam Case]

Answer 27

External Affairs: Under Section 51 of the Constitution. Broad Interpretation: Allows passing laws in areas usually handled by states. Purpose: To fulfill obligations under international treaties.

Question 28

Roles of the Crown-

Answer 28

Granting law with royal assent or withhold it, Also appoint the executive where most law is instated

Question 29

Roles of the upper house-

Answer 29

house- Act as a house of review. Scrutinise legislation from the lower house. State house represents state interest in law making. State=Region house

Question 30

Law Making powers

Answer 30

Exclusive, concurrent and residual

Question 31

Roles of the lower house-

Answer 31

To initiate and pass bills[money bills] can be passed. lower house can also act as a house of review

Question 32

Exclusive-

Answer 32

Exercised by the commonwealth EG: Defence and Currency

Question 33

Concurrent

Answer 33

Shared powers between state and commonwealth EG: Marriage Laws

Question 34

Residual Powers-

Answer 34

Powers left over to the state[there not listed] EG: Education and Hospitals

Question 35

Judicial activism

Answer 35

judges consider a wide range of political and social factors when deciding case

Question 36

judicial conservatism

Answer 36

judges have a narrow interpretation of the law

Question 37

supermacy of parliment

Answer 37

parliment can make and change law within constitutional powers. high court can make a law ultra vires meaning it unconstitutional.