The Legal Stystem -Revision

Question 1

What are the names of the houses in federal parliament?

Answer 1

House of Representatives and Senate

Question 2

What is the lower house?

Answer 2

House of Representatives

Question 3

What is the higher house?

Answer 3

Senate

Question 4

What is the term given to the situation whereby both Federal and State parliaments can legislate on the same matter?

Answer 4

Concurrent

Question 5

Difference between courts and tribunals?

Answer 5

Tribunals are less formal than courts and sometimes refuses legal counsel. Judges in court are expected a general knowledge of the area of law but adjudicators have special knowledge on the case.

Question 6

When cases are heard for the first time in a particular court, this is referred to as what type of jurisdiction?

Answer 6

Original jurisdiction

Question 7

Which court is the inly one empowered to hear constitutional issues?

Answer 7

High court of Australia

Question 8

Which Queensland courts do not have appellate jurisdiction?

Answer 8

Magistrates Court

Question 9

Local councils are given the authority to make by-laws through which type of legislation?

Answer 9

Delegated law

Question 10

The power to interpret statutes rests with which body?

Answer 10

Judicial

Question 11

What is the hierarchy of Australia and what do they hear?

Answer 11

Supreme court - hears serious criminal cases, heard by district court.
District court- civil disputes where amount claimed between $50000 and $250000. Offences carrying life imprisonment
Magistrates court- minor criminal offences. Claimed $50000 or less

Question 12

A court’s authority to hear a particular case is described as what term?

Answer 12

Jurisdiction

Question 13

A majority in which house of Federal parliament allows a party to form government?

Answer 13

Lower house

Question 14

The Australian constitution can only be amended by what method?

Answer 14

Referendum

Question 15

Characteristics/factors that make an effective law?

Answer 15

Prospective (known im advance) 
Clear, so it is understood
Apply equally to members of the community 
Consistent and stable
Capable of being enforced 
Acceptable to the citezens

Question 16

Difference between common law and statute law?

Answer 16

Common law not made by parliament. Judges have authority to make law. Statute law will override judge made law if there is an inconsistency between the two

Question 17

How does the Queensland parliament differ from other states?

Answer 17

QLD system is unicameral which means it has one house- the lower house which is called the legislative assembly. Other states have 2 houses (bicameral system)

Question 18

What is the role of judicial precedent?

Answer 18

Judges are obliged to follow the decision of earlier cases im higher courts when the factual circumstances are essentially the same.

Question 19

When must a judge follow a precedent decision?

Answer 19

The case must come from a court of equal or higher rank than the one in which the pr sent case in being heard and must be in the same hierarchy of courts.

Precedent will apply only to the particular legal principle of the case im question.

Question 20

What is the process of mediation?

Answer 20

Where 2 parties can discuss and decide on the outcome and compromise: lacks authority to impose a binding decision.

Question 21

How does mediation work?

Answer 21

• Arranged meeting from both parties
• explain problem from both sides without interruption
• if solution is reached, write details and arrange to meet again
• mediator listens to both parties privately
• mediator comes up with solutions
• if parties agree, it will be written down and signed by all

Question 22

What system of the government is the Australian legal system based upon?

Answer 22

Westminster System