What sources of law exist in Australia?

Question 1

Who was law invented by?

Answer 1

No definitive answer, influences from many sources e.g. Moses, Magna Carta, Ancient Greek’s, rules of Islam

Question 2

What is the Magna Carta

Answer 2

The peace treaty that King John signed with the barons in 1215 AD forcing him to consult with the King’s council
It is one of the fundamental documents to the British legal system which is considered the precursor to modern parliament and a part of Australia’s legal system today

Question 3

Who founded the Corpus Luris Civilis and How?

Answer 3

Created by Emperor Justinian collected and organised the sources and principles of law, (Corpus Luris Civilis or Justinian Code)
Lost with the fall of the Roman Empire and rediscovered around 11th Century AD forming the basis of European legal systems (Civil law)

Question 4

Who founded the Civil Code and How?

Answer 4

In 19th Century, Napolean drew up an extensive set of written laws known as Civil Code which was applied to all of France

Question 5

What codes made up the Code Napoleon?

Answer 5

Civil Code, Code of Criminal Procedure, Penal Code, Commercial Code

Question 6

Requirements of Code of Law

Answer 6

• Complete
• Coherent
• Limited role of the judge
• Strong theoretical emphasis
• Attach considerable significance to writings of legal scholars and authors
• Deductive style of reasoning

Question 7

What is the significance of the Magna Carta

Answer 7

Altered the relationship between Monarch and subjects leading to the creation of parliament and guaranteed citizens constitutional rights

Question 8

What did Case of Prohibitions del Roy conclude?

Answer 8

That the “king may sit in the King’s Bench, but the Court gives them judgement” thus preventing the King from being personally involved in Common Law Courts