Week 1

Question 1

Two Authoritative Sources of Law

Answer 1

Legislative and Case Law

Question 2

Two Types of Legislative Law

Answer 2

Parliamentary Legislation and derogatory legislation

Question 3

Parliamentary Legislation

Answer 3

Law created by parliament creating acts of parliament (aka statutes)

Question 4

Delegatory Legislation

Answer 4

Law created by a delegated authority. Delegated by the government. Called regulations and by-laws.

Question 5

What is case law?

Answer 5

Case law are judge made law. Relies on the doctrine of precedent.
Can only make a principle of law that is relevant to the actual case before it.

Question 6

What are the 7 principles of law

Answer 6

Resolves disputes

Maintains social order 

Preserves and enforces community values 

Protects the disadvantaged 

Stabilises the economy  

Prevents misuse of power 

Institutionalises values

Question 7

Criminal Law

Answer 7

System of legal rules establishing criminal offenses and penalties for infringement of those laws
Between the state and the individual

Question 8

Civil Law (in relation to criminal Law)

Answer 8

Is between private parties regulates disagreements

Between two or more individuals (incl. Companies).
also known as litigation, the set of legal rules and legal procedures that regulate the relationship between members of the community and enable them to resolve disputes

Question 9

Substantive Law

Answer 9

System of legal rules that set out the rights and obligations of citizens or individuals in that country

Question 10

Procedural Law

Answer 10

Sets out a system of legal rules that sets out how legal proceedings are to be conducted including rules of evidence

Question 11

Public Law

Answer 11

Within substantive law deals with relationships between individuals and the state
Includes criminal law constitutional law and tax law
the category of law concerned with the relationship between the citizen and the state it includes constitutional law at its administrative law criminal law and taxation law

Question 12

Private Law

Answer 12

Dealings with relationships between individuals

Looking at tort law and contract law

the category of law concerned with the relationships between individuals within the community includes contract law tort law and property law

Question 13

Domestic Law

Answer 13

System of law regulation a particular individual in a particular jurisdiction
Australia or NSW state

Question 14

International Law

Answer 14

System of law dealing with regulation of law between states (btw Australia and Japan

Private international law determines which states of law will be applied in dispute i.e. Japanese or Australian law used

Question 15

Contract Definition

Answer 15

agreement between two or more people that is legally enforceable

Question 16

Tort Law

Answer 16

powerful act other than a breach of contract giving the victim a right to sue for compensation
provides a remedy for those harmed by the acts or omissions of another
trespass negligence defamation nuisance and passing off

Question 17

Intellectual Property

Answer 17

a form of intangible creation such as the expression of an idea a trademark at new technology or a new design

Question 18

Litigation (sue)

Answer 18

legal proceedings brought by one member of the community against another also known as civil action

Question 19

Federal Government

Answer 19

pertaining to the nation of Australia eg the federal parliament or federal legislation also known as Commonwealth

Question 20

Local Authority

Answer 20

a statutory authority such as the City Council or Shire council that exercises legislative power delegated to it by the state or territory government also known as local government

Question 21

Define Law

Answer 21

law is a system of enforceable rules governing social relations and legislated by political system

Question 22

What does sovereign mean?

Answer 22

a supreme ruler of state

the queen is the sovereign 

in modern liberal democracies Australia the parliament is seen as sovereign: parliamentary sovereignty

Question 23

Prosecution

Answer 23

legal proceedings brought in a court of law as a result of the sites seeking to establish the guilt of a person charged with having committed a crime

Question 24

Rule of Law 3 Characteristics and definition

Answer 24

the principle that governmental authority must be exercised only in accordance with written, publicly disclosed laws that have been adopted and are reinforced in accordance with established procedure and that all citizens including those who make up the government are ruled by laws rather than the by personal discretion or arbitrary exercises of power

the law will be applied equally to everyone regardless of his or her social status culture religion or political beliefs

the court will uphold the legal rights of the citizens including the right of to personal freedom 

no person will be punished other than for conduct that is expressly made illega

Question 25

Doctrine of Separation of Powers

Answer 25

the principle that the legislature the executive and the judiciary should as far as possible remain functionally separate

make the law legislature 

administer the law executive 

interpret the law of judiciary

Question 26

Double Jeopardy

Answer 26

person should not be tried more than once for a given crime

Question 27

Magna Carta Role in Law

Answer 27

Created the rule of law

Question 28

Substantive Law

Answer 28

the system of legal rules that set out the rights and obligations of individuals and the state

Question 29

Procedural Law

Answer 29

the system of legal rules that set out how legal proceedings should be conducted

Question 30

Consumer Law

Answer 30

is the set of rules that seek to protect consumers from unfair commercial practices by business organizations

Question 31

Constitutional Law

Answer 31

the relationship between the various arms of government and between the government and its citizens and grants human rights and civil liberties to citizens

Question 32

Administrative Law

Answer 32

regulates the administrative activities of the government

Question 33

Contract Law

Answer 33

law regulating agreements and promises

Question 34

Competition Law

Answer 34

seeks to ensure that business organizations do not misuse their market power

Question 35

Property Law

Answer 35

regulates property rights in things and land it also includes intellectual property law

Question 36

Commercial Law

Answer 36

regulates various commercial matters including agency franchises insurance and bankruptcy

Question 37

employment law

Answer 37

regulates the relationship between employers and employees

Question 38

company law and partnership law

Answer 38

regulate the establishment management and dissolution of corporations and partnerships

Question 39

public international law

Answer 39

the system of rules regulating the relationship between states

Question 40

private international law

Answer 40

conflict of laws

the system of rules that determine which states laws should be applied to resolve a dispute between people in different states also known as conflict of laws

Question 41

Jurisdiction definition

Answer 41

the extent of the power and authority conferred upon a parliament, government body or a court

Question 42

Forum Non Conveniens meaning

Answer 42

an inconvenient forum.

courts have the discretion to refuse to hear a case or to send it elsewhere

Question 43

Australian Court jurisdiction in an international legal dispute

Answer 43

the defendant person being sued it’s present in the courts jurisdiction when the statement of claim is served on them

the defendant submits to the courts jurisdiction 

the court authorizes someone to find and serve the statement of claim upon the defendant outside the church diction

Question 44

Why does the law change

Answer 44

political change

fixing problems 

changing values 

lobby groups 

changing technology

Question 45

Lobby groups

Answer 45

groups within the community that exert pressure upon the legislature to reform the law