sources of contemporary Australian law

Question 1

what is common law

Answer 1

law made by judges which establishes precedent

Question 2

what is precedent

Answer 2

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

becomes binding on lower courts

Question 3

what is the adversarial system

Answer 3

two advocates represent their parties case before an impartial judge

Question 4

what is the court hierarchy

Answer 4

1) High court
2) NSW Supreme (judge+jury and indictable)
3) NSW district (judge+jury and indictable)
4) NSW local (magistrate and summary)

Question 5

what is statute law

Answer 5

law made by parliament

Question 6

what are the legislative processes

Answer 6

once a bill is given royal assent it becomes binding law

Question 7

what is the structure of parliament

Answer 7

1) Governor General
2) Senate (Upper House)
3) House of Representatives (Lower House)

Question 8

what is delegated legislation

Answer 8

legislation made by non-parliamentary bodies such as councils
includes: regulations, ordinances, rules and by-laws

Question 9

what is the division of powers

Answer 9

ensures that one level of government does not have all power

divides power between Commonwealth (federal), states and local government (councils)

Question 10

what is the separation of powers

Answer 10

ensures that one level of government does not have all power

Question 11

what does the high court do

Answer 11

• interprets and applies the constitution
• hears cases with special federal significance
• hears appeals.
• original and appellate jurisdiction