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Law Questions and answers
What is common law CORRECT ANSWERS✅ Law made in courts. What is statute law CORRECT ANSWERS✅ Law made in parliament, legislation. Where does common law originate CORRECT ANSWERS✅ England, travelling judges administering common law to England - hearing appeals - using premise that similar cases should be dealt with in a similar manner What is the adversarial system CORRECT ANSWERS✅ A system of resolving legal conflicts that relies on the skill of representatives of each side, who present their cases to an impartial decision maker What is the inquisitorial system CORRECT ANSWERS✅ A legal system where the court is actively involved in the decision making process, and determining what questions to ask. Used in countries with civil legal systems rather than common law systems Examples of countries using the inquisitorial system CORRECT ANSWERS✅ Indonesia, Japan, France What are courts of equity CORRECT ANSWERS✅ Historically, courts whose decisions were more discretionary and based on moral principles, and which served as an antidote to the inflexible nature of common law courts What is equity CORRECT ANSWERS✅ The body of law that supplements common law and corrects injustices by judging each case on its merits and applying the principles of fairness
Law Questions and answers
What happened to courts of common law and courts of equity CORRECT ANSWERS✅ The british parliament in 1870 passed legislation merging the courts, allowing judges to rule with common law or equity What is precedent CORRECT ANSWERS✅ A judgement that is authority for a legal principle, and that serves to provide guidance for deciding cases with similar facts What is stare decisis CORRECT ANSWERS✅ A latin term meaning 'the decision stands' ; the doctrine that a decision made in court must be followed by all lower courts Role of the doctrine of precedent CORRECT ANSWERS✅ To limit judges ability to be flexible when making decisions (limits judge's discretion) and allows for guidance when making decisions What is ratio decendi CORRECT ANSWERS✅ The legal reasoning behind a judge's decision What is obiter dicta CORRECT ANSWERS✅ Comments from a judge that are not directly related to a case and therefore have no relevance and are not legally binding How do courts make precedent with no existing guidance? CORRECT ANSWERS✅ Use principles of common and statute law that already exists and pay attention to social patterns and attitudes
Law Questions and answers
What is an appeal CORRECT ANSWERS✅ An application to have a higher court reconsider a lower court's decision, on the basis of an error in law Jurisdiction of courts CORRECT ANSWERS✅ All courts have an original jurisdiction and some courts have an appellate jurisdiction What are summary offences CORRECT ANSWERS✅ A criminal offence that can be dealt with by a single judge without a jury, and do not require a preliminary hearing What are indictable offences CORRECT ANSWERS✅ A serious criminal offences that requires an indictment and a preliminary hearing; it is typically tried before a judge and a jury and is subject to a greater penalty than a summary offence What are the lower courts CORRECT ANSWERS✅ Magistrate's/local court, children's court, coroners court and land and environment court Lower/magistrate's court CORRECT ANSWERS✅ Hears minor criminal and civil matters a magistrate will hear and decide the case. Most matters are heard here. No appellate jurisdiction. What is a committal hearing CORRECT ANSWERS✅ An inquiry held in the local or magistrate's court to determine whether there is enough evidence to warrant a trial in a higher court
Law Questions and answers
Local court monetary value CORRECT ANSWERS✅ Hears matters up to $100, What is a coronial inquest CORRECT ANSWERS✅ Investigation into a death that has occurred with unusual circumstances What is the role of the coroner's court CORRECT ANSWERS✅ To ensure unexplained or suspicious deaths are adequately investigated. Coronial inquests are carried out and evidence is handed to a higher court if circumstances are found to be suspicious Role of the children's court CORRECT ANSWERS✅ Deal with matters concerning the protection and care of children and young people. Deals with criminal cases concerning individuals under the age of 18 Role of the land and environment court CORRECT ANSWERS✅ Specialist court responsible for interpreting law involving the environment, e.g. environmental planning, environmental offences and appeals against council decisions What is larceny CORRECT ANSWERS✅ Taking another person's property with the intention of permanently depriving them of it, also known as stealing District court CORRECT ANSWERS✅ Deals with more serious criminal and civil matters, e.g. larceny to manslaughter. Has an appellate jurisdiction District court monetary values CORRECT ANSWERS✅ 100,001 to 750,
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civil disputes governed by family law.Equivalent to the supreme court at a state level The family Court of Australia CORRECT ANSWERS✅ Deals with the most complex family cases - divorce, parenting orders, division of property and spousal maintenance The High Court's role CORRECT ANSWERS✅ Highest court in the Australian system and deals with cases concerning the interpretation of the constitution, constitutional validity of laws and appeals from lower courts What sets out the powers of the state and federal parliaments to make laws CORRECT ANSWERS✅ The constitution What is bicameral CORRECT ANSWERS✅ Containing two chambers or houses of parliament Which state does not have a bicameral parliament CORRECT ANSWERS✅ Queensland What is the upper house at a state level CORRECT ANSWERS✅ The legislative council What is the lower house at state level called CORRECT ANSWERS✅ The legislative assembly
Law Questions and answers
What is the senate in federal parliament CORRECT ANSWERS✅ The upper house What is the lower house at a federal level CORRECT ANSWERS✅ The house of representatives What forms the government CORRECT ANSWERS✅ The political party that wins the majority of seats in the lower house (house of representatives) Who is the prime minister CORRECT ANSWERS✅ The leader of the party that wins the majority of seats in the house of representatives Who is the opposition CORRECT ANSWERS✅ The seats in the lower house not held by the government What is a minister in parliament CORRECT ANSWERS✅ Members of the government who have a special responsibility for particular departments, e.g. minister for education what is the executive council CORRECT ANSWERS✅ A council made up of the Governor or governor general and selected ministers that enables legislation to be put into action. Who must assent laws CORRECT ANSWERS✅ The queen. She is represented by the governor general at a federal level and a governor at a state level
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What is the committee stage of making a bill CORRECT ANSWERS✅ The bill is examined and debated and changes are made if necessary What is the third reading CORRECT ANSWERS✅ The bill is read again and then sent to the upper house for debate, who makes any amendments and sends the bill back for assent What is delegated legislation CORRECT ANSWERS✅ Laws made by authorities other than parliament, which are delegated the power to do this by an Act of Parliament Who are the subordinate groups that propose delegated legislation CORRECT ANSWERS✅ Government departments or local councils What are the types of delegated legislation CORRECT ANSWERS✅ Regulations (laws made by the governor general, state governors or members of the executive council), Ordinances (laws made for australian territories, e.g. norfolk island and the Australian Antarctic Territory), rules (legislation made for government departments, usually by the department involved) and by-laws (laws made by local councils, which are restricted to the area that is governed by the council) What is the constitution CORRECT ANSWERS✅ A set of rules or principles that may apply to a social club, or a nation, Provides the framework which outlines how this institution functions
Law Questions and answers
When was the Australian constitution gained CORRECT ANSWERS✅ 1 January 1901 What was australia like prior to a constitution CORRECT ANSWERS✅ Composed of 6 colonies, which were independent of each other with the right to govern within their own borders. What is federation CORRECT ANSWERS✅ The process of uniting several states to form a single national government Arguments for australian federation CORRECT ANSWERS✅ Economics; removal of trade barriers, transport; a national network would overcomes problems caused by colonies having different rail gauges, defence; a unified military force would reduce vulnerability, nationalism; fostering a unique australian identity, and racial 'purity'; restricting immigrants Arguments against australian federation CORRECT ANSWERS✅ Trade; tariffs could be used to protect industries in certain colonies from competition in other colonies, fear; smaller states' interests would be overridden by larger states, apathy; federation was irrelevant to their daily lives, expense; federation would be expensive, cheap labour; wanted to protect cheap labour (queensland sugar canes) What is a tariff CORRECT ANSWERS✅ A tax that must be paid on imports or exports
Law Questions and answers
What are exclusive powers CORRECT ANSWERS✅ Powers that can only be exercised by the federal parliament What does section 52 outline CORRECT ANSWERS✅ The exclusive powers of the federal government. They are the seat of government of the commonwealth and all places acquired by the commonwealth for public purposes, matters relating t any department of public service, other matters declared by the constitution to be within the exclusive power of the parliament What are legislative powers CORRECT ANSWERS✅ The legal power or capacity to make laws What are the exclusive powers of the federal government CORRECT ANSWERS✅ The areas of trade and commerce with other countries, foreign relations, and national defence What does section 90 state CORRECT ANSWERS✅ The federal government has exclusive power over customs What does section 114 of the commonwealth state CORRECT ANSWERS✅ Forbids the states from raising or maintaining any military force Why does the high court need to interpret the constitution CORRECT ANSWERS✅ As society, technology, values and ethics have evolved and changed so definitions may not be clear in a current society`
Law Questions and answers
What is outlined in section 109 of the constitution CORRECT ANSWERS✅ When a law of a state is inconsistent with a law of the commonwealth, the latter shall prevail and the former shall, to the extent of the inconsistency, be invalid What case outlines inconsistencies between state and federal law CORRECT ANSWERS✅ Commonwealth v Tasmania (1983) HCA 21 (Tasmanian Dam case). Tasmania wanted to build a dam, the member of the federal parliament didn't. High Court found that section 109 Federal law overruled state law, therefore the construction was stopped What is ultra vires CORRECT ANSWERS✅ Beyond the power or authority legally held by a person, institution or statute to perform an act What are residual powers CORRECT ANSWERS✅ Those matters on which the states can legislate, as they are not referred to in the constitution Outline the process for amending the constitution CORRECT ANSWERS✅ Proposed change must pass both houses with an absolute majority, must not be put to electors before two months or after six months, there must be an absolute majority australia wide, majority of states and the alteration must go to the governor general for assent What is bipartisan CORRECT ANSWERS✅ Having the support of the two major political parties What is the separation of powers CORRECT ANSWERS✅ A notion that one body cannot hold all the power - split up into the legislative, executive and judiciary
Law Questions and answers
What is original jurisdiction CORRECT ANSWERS✅ The ability or power of a court to hear a case in the first instance Where is the original jurisdiction of the high court outlined CORRECT ANSWERS✅ In sections 75 and 76 What is a mandamus CORRECT ANSWERS✅ A court order compelling a govenrment offical or organisation to perform a particular task What is prohibition CORRECT ANSWERS✅ A court order that forbids a lower level court from hearing or taking further action in a case or matter What is an injunction CORRECT ANSWERS✅ A court order requiring an individual or organisation to perform, or not to perform a particular action What does section 73 outline CORRECT ANSWERS✅ The appellate jurisdiction of the high court. Stipulates that the high court has jurisdiction to hear any cases emanating from: its original jurisdiction, and federal court exercising federal jurisdiction and the supreme court What is special leave CORRECT ANSWERS✅ Where the high court grants approval for the case to come before it in its appellate jurisdiction Case regarding section 51 (special legislative powers of the federal government) Tax CORRECT ANSWERS✅ South Australia vs Commonwealth (First Uniform Tax case) 1942 HCA 14 - s51 outlines taxes as a commonwealth legislative power however this was considered a concurrent power until 1942. Commonwealth took
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power over taxes and granted states income that they would earn with tax. States didn't agree as they would have to rely on commonwealth, High Court ruled as it was constitutional Case regarding section 51 trade and commerce CORRECT ANSWERS✅ Murphyores v The Commonwealth (Fraser Island case) 1976 HCA 20 - Commonwealth govt disagreed with Queensland government's grant to extract minerals from fraser island. Although it was constitutional commonwealth had the power to overrule the decision Case regarding role of the high court CORRECT ANSWERS✅ R v Brislan, Ex parte Williams (1935) HCA 78 - Williams was convicted of receiving messages by wireless telegraphy without proper authorisation. Appeal claimed that commonwealth had acted ultra vires as the section she was charged under did not include radio sets. high court had to interpret the constitution - ruled that commonwealth can legislate in respect of any broadcasting services, including radio What does ex parte mean CORRECT ANSWERS✅ In a case this means the toehr side is absent or unrepresented What is a question of law CORRECT ANSWERS✅ A disputed legal contention that is left for the judge to decide; e.g. whether certani evidence is admissable What is judicial review CORRECT ANSWERS✅ Involves review of the actions of a government official or department by a courrt of law. Involves investigating the legality of a decision
Law Questions and answers
Sanction definition CORRECT ANSWERS✅ A penalty imposed on those who break the law, usually in the form of a fine or punishment Sanctions in indigenous communities CORRECT ANSWERS✅ Elders enforce the law. Punishments range from ridiculing and shaming to exile, spearing or death. Punishment by death is much less frequent today because of conflict with Australian law. Eye for an eye Relevance of customary law today CORRECT ANSWERS✅ Sustainable development is the basis for current environmental laws, conciliation and mediation are increasingly used to solve disputes. Customary laws are also sometimes taken into account when an indigenous person commits a crime and has to face sanction by both laws. May be raised in mitigation What is mitigation CORRECT ANSWERS✅ Making the severity of an offence or a sentence milder or less severe due to specific circumstances What is domestic law CORRECT ANSWERS✅ The law of a state Qualities of a defined state CORRECT ANSWERS✅ A defined territory, a permanent population, an effective government, the capacity to enter into international negotiations What is sovereignty CORRECT ANSWERS✅ The state has the authority to make rules for its population and the power to enforce these rules
Law Questions and answers
what is the main criticism of international CORRECT ANSWERS✅ Lacks the power to enforce the constraints contained in its law. No enforceable judicial body and the whole community doesn't support its premises What is customary international law CORRECT ANSWERS✅ Not contained within a written document, based on traditions followed by many states to the point that they are accepted as being fair and right by the international community, e.g. law regulating war - manner in which prisions of war should be treated Example of international law not being enforced CORRECT ANSWERS✅ Couldn't prevent genocide in Rwanda in 1990s Example of international customary law CORRECT ANSWERS✅ Geneva Conventions 1864, 1906 legislated customary law surrounding the correct treatment of prisoners of war What is opinio juris sive necessitatis CORRECT ANSWERS✅ 'opinion that an act is necessary by rule of law' the principle that for the practice of a state to be customary international law, the state must believe that international law requires it What are declarations CORRECT ANSWERS✅ A formal statement of a party's position on a particular issues, a declaration is not legaly binding under international law Example of a declaration CORRECT ANSWERS✅ Universal Declaration of Human rights (1948) - United Nations Commission on Human Rights was established following WW2, outlined basic human rights - ratified and signed by 48 countries
