unit 4 aos 2

Question 1

abrogate

Answer 1

to cancel or abolish a court made law by passing an act of parliament

Question 2

codify

Answer 2

to collect all law on one topic together into a single statue

Question 3

common law

Answer 3

law made by judges through decisions made in cases

apply existing law already made by parliament to resolve disputes are also able to make law when necessary

Question 4

statue law

Answer 4

law made by parliament though an act of parliament

make law and change law on behalf of the people hence ‘supreme lawmaker’

Question 5

doctrine of precedent

Answer 5

is the rule that a legal principle that has been established by a superior court should be followed in other similar cases by courts ranked lower in the same hierarchy.
binding and persuasive precedent

Question 6

ex post facto

Answer 6

describes a law that is established in relation to an event that has already taken place

Question 7

locus stands

Answer 7

the litigant must be directly affected by the issues or matters involved in a case for the court to be able to hear and determine a case

Question 8

obiter dictum

Answer 8

comments made by a judge in a particular case that are not binding but may be persuasive

Question 9

ratio decidendi

Answer 9

the legal reasoning behind a judges decision, binding part of the judgment

Question 10

stare decisis

Answer 10

‘let the principle stand’ - principle underlying doctrine of precedent

Question 11

statutory interpretation

Answer 11

the process by which judges give meaning to the words or phrases in an Act of parliament so it can be applied to resolve the case before them

Question 12

binding precedent

Answer 12

the legal reasoning for doctrine of precedent

Question 13

persuasive precedent

Answer 13

the legal reasoning behind a decision of a lower court that may be considered relevant -not binding

Question 14

rubber stamp

Answer 14

describes a situation in which the senate automatically approves decisions made in the House of Representatives because the government holds a majority of seats in both houses

Question 15

hostile upper house

Answer 15

a situation in which the government does not hold a majority of seats in the upper house and relies on the support of the opposition or crossbench to have their bill passed

Question 16

parliament

Answer 16

a formal assembly of representatives of the people that is elected by the people and gathers together to make law