Sources of Contemporary Australian Law

Question 1

Outline the origins of common law:
Developed in ____ by William the ____, King of England, in the 11th century before the parliamentary ____.

Answer 1

1. England
2. Conqueror
3. System

Question 2

Outline the origins of common law:
To settle disputes, everyone needed to go the ___ but there were too many disputes to settle so they made local ____ to decipher local disputes which applied local _____.
(These customs became rules courts based decision making of of for similar disputes)

Answer 2

1. king
2. courts
3. customs

Question 3

Order the hierarchy form lowest to highest

Answer 3

High court

Supreme court

District court

Local court

Question 4

What is the jurisdiction of state courts? (local, district, supreme)

Answer 4

Have authority to judicial power over a State or Territory

Question 5

What is the jurisdiction of federal courts? (high, federal, family, federal circuit)

Answer 5

Authority to judicial power of the commonwealth

Question 6

The role of parliament is to make and change federal ___, represent the people of ______, give a place for the ________ to be formed, and keep ___ on the governments work.

Answer 6

1. Laws
2. Australia
3. Government
4. Check

Question 7

Outline the structure of parliament

Answer 7

• the House of Representatives
• the Senate
• the Governor-General

Question 8

The House of Representatives is also known as…

Answer 8

the Lower House

Question 9

Outline the legislative process of the Lower House:
- 1st ____
- 2nd ____
- ____ committee
- Consideration in ____
- 3rd ____
- ___ passed

Answer 9

• 1st Reading
• 2nd Reading
• House Committee
• Consideration in detail
• 3rd Reading
• Bill passed

Question 10

Outline the legislative process of the Senate:
- 1st ___
- 2nd ___
- ____ committee
- Committee of the ___
- 3rd ___
- ___ passed

Answer 10

• 1st Reading
• 2nd Reading
• Senate committee
• Committee of the whole
• 3rd Reading
• Bill Passed

Question 11

Outline the legislative process of the Governor-General:
- Royal ____
- Bill becomes an ___ __ _____

Answer 11

• Royal Assent
• Bill becomes an act of parliament

Question 12

What is the function of delegated legislation?

Answer 12

To limit the power the Commonwealth and State has over law making authority
For administrative efficiency

Question 13

List the areas that states are able to legislate (think of the division of powers)

Answer 13

Schools
Hospitals
Roads + Railways
Public Transport
Electricity + water + gas supply facilities
Mining
Agriculture
Forests
Community Services
Consumer Affairs
Police
Prisons
Ambulance Services

Question 14

List the areas the Commonwealth can legislate according to section 51 of the Constitution

Answer 14

Trade + Commerce
Postal + Telecommunications services
Foreign Policy
Taxation
Census + Statistics
Weights + Measures
Bankruptcy + Insolvency
Quarantine
Lighthouses + Lightships + Beacons + Buoys
Fisheries
Currency
Copyright
Marriage
Immigration
Defence

Question 15

Define the Division of Powers

Answer 15

The dividing up of law making authority between the 3 levels of government including the Commonwealth, States and Territories, and Local

Question 16

Where does the Commonwealth get it’s law making authority from?

Answer 16

The constitution

Question 17

Where does the State get it’s law making authority from?

Answer 17

Residual powers
- what’s not mentioned in the constitution

Question 18

Where does Local (councils or shires) get it’s law making authority from?

Answer 18

Delegated legislation
- delegated by the state
- administrative efficiency

Question 19

Define the Separation of Powers?

Answer 19

The separating of the 3 functions of government that being:
- executive
- judiciary
- legislative

Question 20

What are the key purposes of the doctrines? (division + separation of powers)

Answer 20

To prevent the accumulation of power by a group or individual with the intent of preventing tyranny

Question 21

The High Court’s role in the interpretation of the constitution is…

Answer 21

to interpret and settle disputes on the constitution, consider federal laws and if the Aus. parliament has the power to make that law, and invalidate law that is unconstitutional

Question 22

Aboriginal and Torres Strait Islander People’s Customary Law:

Family and kinship is the relationship between individuals and their extended ___ or ___, and the bons of ____ that tie the group together

Answer 22

1. family
2. clan
3. loyalty

Question 23

Aboriginal and Torres Strait Islander People’s Customary Law:

Mediation is when all parties in a ___ discus the matter to try ___ the problem

Answer 23

1. dispute
2. resolve

Question 24

Aboriginal and Torres Strait Islander People’s Customary Law:

Types of sanctions include:
- Social ridicule and ___
- Revenge
- Death
- Fighting and ___
- Inquest
- Trial by ___

Answer 24

1. isolation
2. insulting
3. ordeal

Question 25

Aboriginal and Torres Strait Islander People's Customary Law: Describe the diverse nature of customary laws

Answer 25

A complex legal system developed over thousands of years based on traditions linked to kinship. Each clan had own variations of ATSI customary law.

Question 26

Aboriginal and Torres Strait Islander People's Customary Law: Land is ___ and is collectively owned. People saw their role as ___ of the land for future ___ of the group

Answer 26

1. sacred 2. custodians 3. members

Question 27

Aboriginal and Torres Strait Islander People's Customary Law: Kinship is a reference to family _____ and extended family __. Traditional ways of ___ have been characterised by extended ___ networks living in close _____.

Answer 27

1. relationships 2. ties 3. living 4. family 5. communities

Question 28

Domestic laws are within a ___ or ____ Enforced by ____ created by ______ or in courts

Answer 28

1. state 2. territory 3. agencies 4. parliaments

Question 29

International law is amongst _____ states or territories Applies to countries which ___ to adopt it Countries can ___ themselves from enforcement Created though international _______

Answer 29

1. multiple 2. agree 3. exempt 4. negotiations

Question 30

State sovereignty is the states ___ to ___ itself without ____ interference from another ___

Answer 30

1. power 2. govern 3. external 4. nation

Question 31

Define international customary law

Answer 31

A document based on long-established traditions or common practices followed by enough nation states that it is considered fair and right by international standards

Question 32

Example of international customary law

Answer 32

The Rules of war prior to its formalisation in the Geneve Convention had long-held traditions of the treatment of POWs which was part of customary law

Question 33

Define instruments (declarations): Declaration: formal statement of a party's _____ on a particular ___

Answer 33

Declaration: 1. position 2. issue

Question 34

Define instruments (declarations): Treaty: an international ______ between ___

Answer 34

Treaty: 1. agreement 2. states

Question 35

Define legal decisions

Answer 35

Decisions and disputes involving international law dealt with by the International Court of Justice (ICJ)

Question 36

What is the role of the United Nation?

Answer 36

to maintain global peace and security

Question 37

What is the role of courts and tribunals?

Answer 37

to resolve disputes

Question 38

What is the role of intergovernmental organisations (IGO)

Answer 38

to enhance political communication and cooperation

Question 39

What is the role of non-government organisations (NGO's)

Answer 39

to promote political change and to reach a political social goal