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Understanding the Australian Legal System: Sources, Categories, and Functions, Exams of Law

DeVry University - Wisconsin Law

A comprehensive overview of the australian legal system, covering sources of law, categories of crimes, civil and criminal law, and the roles and functions of parliament. It delves into the principles of judicial independence, judicial review, and the rule of law. The document also explains the structure of the australian parliament, including the house of representatives, senate, and various state-level legislative bodies.

Typology: Exams

2023/2024

Available from 05/15/2024

Jayju 🇺🇸

416 documents

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The Australian Legal System Questions

and answers

Social cohesion CORRECT ANSWERS✅ The upholding of shared beliefs and values

to promote social harmony

• Values.

• Acceptable standards

• Dispute resolution

• Evolve when necessary

• Rights of groups and individuals

Social progress CORRECT ANSWERS✅ • Laws must provide for future generations

• Important areas: education, health, youth development, environmental

protection and sustainability

Public wrongs CORRECT ANSWERS✅ Crimes that incur a sanction as a sign of the

communities condemnation

Private wrongs CORRECT ANSWERS✅ • Civil wrongs where one legal entity has

infringed the rights or interests of another legal entity

• Most are defined in common law

Sources of law CORRECT ANSWERS✅ • Legislature (parliaments)

• Executive (governments and depts.)

• Judiciary (courts)

Parliament-made law (features) CORRECT ANSWERS✅ • Enacted by parliaments

using legislative powers prescribed in written constitutions

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and answers

Social cohesion CORRECT ANSWERS✅ The upholding of shared beliefs and values to promote social harmony

Values.
Acceptable standards
Dispute resolution
Evolve when necessary
Rights of groups and individuals Social progress CORRECT ANSWERS✅ • Laws must provide for future generations
Important areas: education, health, youth development, environmental protection and sustainability Public wrongs CORRECT ANSWERS✅ Crimes that incur a sanction as a sign of the communities condemnation Private wrongs CORRECT ANSWERS✅ • Civil wrongs where one legal entity has infringed the rights or interests of another legal entity
Most are defined in common law Sources of law CORRECT ANSWERS✅ • Legislature (parliaments)
Executive (governments and depts.)
Judiciary (courts) Parliament-made law (features) CORRECT ANSWERS✅ • Enacted by parliaments using legislative powers prescribed in written constitutions

and answers

Made in broad subject areas
Made by democratically elected reps
Also called statute law, Acts, legislation, enacted law, written law
Overrides both executive and judge-made law Executive-made law (features) CORRECT ANSWERS✅ • Made by authorities in the executive arm with power delegated by parliament
Includes government depts and statutory bodies
Also called regulations, statutory rules, by-laws, delegated legislation, subordinate legislation Judge-made law (features) CORRECT ANSWERS✅ • Law made by judges when resolving disputes
Made when no statutory law exists or when interpreting statutes
Only made to the extent necessary to resolve dispute
Lawmakers are not directly accountable to the people
Also called common law, judicial precedents, legal principles, case law Rules of sovereignty CORRECT ANSWERS✅ • Statute law prevails over case law
Statute law prevails over regulations
Federal statute law prevails over state law
HCA prevails over all other case law
HCA interpretations of the Constitution prevails over statute law

and answers

Constitutional law CORRECT ANSWERS✅ • Outlined in the Australian Constitution

Defines the rules of government and outlines the nature of the principal institutions of government and the powers they can exercise Private law CORRECT ANSWERS✅ • Regulates relationships between legal entities
Can apply to individuals, corporations, government bodies
Defines unacceptable behaviour and the procedures that can be used to resolve civil disputes
Emphasis on ADR Contract law CORRECT ANSWERS✅ • Regulates legally binding agreements
Becomes apparent when one party fails to honour a condition of a contract and one party seeks a civil remedy Criminal law CORRECT ANSWERS✅ • Defines standards of unacceptable behaviour
Imposes sanctions to punish people who commit crimes
Prosecuted by a government agency eg. Police in MC and DPP in DC and SC
Aims to protect people and property and regulate public conduct
Most crimes are contained in state law Civil law CORRECT ANSWERS✅ • Regulates civil wrongs
An act or omission which infringes a person's rights
Plaintiff can seek a civil remedy (compensation)

and answers

State takes no active part other than providing some civil laws and a court system
Most civil law is in the form of case law Categories of crimes CORRECT ANSWERS✅ • Offences against person - infringes basic rights such as right to life and personal safety eg assault
Offences against property - crimes that deny ownership or enjoyment of property eg. larceny
Offences against public order - crimes that disturb the standards of civilised society eg. Drug offences, prostitution Strict liability offences CORRECT ANSWERS✅ • Prosecution only needs to prove the guilty act
Often used for traffic offences eg. speeding Civil liability CORRECT ANSWERS✅ • People must accept civil responsibility for the consequences of their actions.
An aggrieved party can sue anyone irrespective of age, sex or other factors Elements of negligence CORRECT ANSWERS✅ • The defendant owed the plaintiff a duty of care as a legal neighbour
The defendant breached that duty of care
Injury/damage occurred as a direct breach of the duty of care
Damage was foreseeable to a reasonable person

and answers

Natural justice CORRECT ANSWERS✅ • Commonly accepted rules and procedures that prescribe how a person must have their case heard in a court

Protects fundamental human rights eg. Right to silence Constitutional monarchy CORRECT ANSWERS✅ A system of government in which a nation appoints/elects its own Head of State. When a country has a monarch as its Head of State but their power is limited by a written Constitution Powers of the Governor-General CORRECT ANSWERS✅ • Non -reserve powers - executive powers exercised on the advice of the PM and Ministers at FEC
Reserve powers - executive powers exercised not on the advice of the PM (outlined in S. 64)
Administrative and ceremonial powers eg. Entertaining visiting heads of state Federal system CORRECT ANSWERS✅ A system in which a national government and state governments have their own independent institutions and law-making powers House of Representatives CORRECT ANSWERS✅ • Cmwlth lower House
Comprised of representatives elected every three yrs from geographical electorates that contain about the same number of voters
Elected using preferential voting system Speaker CORRECT ANSWERS✅ • Presiding officer of all lower Houses of parliament
Chairs debates in the House
Mace represents their authority

and answers

House of Assembly CORRECT ANSWERS✅ • SA lower House

Comprised of representatives elected every 4 yrs from geographical electorates that contain about the same number of voters
Elected using preferential voting system Senate CORRECT ANSWERS✅ • Cmwlth upper House
Comprised of 12 Senators from each state (referred to as the 'States House') and 2 each from NT and ACT
Six yr term with half due for election every 3 yrs
Elected using the proportional voting system
Primary function is to act as a House of Review but can also initiate legislation President CORRECT ANSWERS✅ • Presiding officer of all upper Houses
Chairs debates in the House
The Black Rod represents their authority Legislative Council CORRECT ANSWERS✅ • SA upper House
Members represent the state as a whole
8 yr term with half due for election every 4 yrs
Elected using the proportional voting system
Primary function is to act as a House of Review but can also initiate legislation

and answers

Full Bench of the High Court of Australia CORRECT ANSWERS✅ Has original jurisdiction to interpret the Australian Constitution Full Court of the High Court of Australia CORRECT ANSWERS✅ Appellate jurisdiction to hear appeals from state superior appellate courts by leave (permission) Federal Court of Australia CORRECT ANSWERS✅ • Original jurisdiction - hear cases arising from particular federal legislation

Administrative law, bankruptcy, corporation law, industrial relations
Appellate jurisdiction - Full Court of the Federal Court, can review decisions of the original court Family Court of Australia CORRECT ANSWERS✅ • Original jurisdiction - hear cases regarding marriage, divorce and parenting arrangements for children
No jurisdiction over de facto relationships
Appellate jurisdiction - Full Court of the Family Court can review original decisions and decisions from the Federal Magistrates Court Federal Magistrates Court CORRECT ANSWERS✅ • Inferior federal court
Can hear specific matters in family, administrative, bankruptcy, consumer protection and human rights law
No appellate jurisdiction Likely to be closed down in the near future

and answers

Magistrates Court criminal division CORRECT ANSWERS✅ • Summary jurisdiction - hears summary offences and some minor indictable

Committal jurisdiction - conducts preliminary hearings to decide if enough (prima facie) evidence exists to warrant a trial
No appellate jurisdiction Preliminary hearing CORRECT ANSWERS✅ • Also known as a committal hearing
Conducted in the MC
To decide if someone charged with an indictable offence should be committed for trial in a higher court
Magistrate decides if a prima facie case exists
Screening mechanism to prevent weak cases from wasting the court's time Magistrates Court civil division CORRECT ANSWERS✅ • Minor claims - minor civil claims of up to $25 000 and cases arising from the Fences Act and neighbourhood disputes
General claims - civil actions between $25 000 and $100 000
No appellate jurisdiction District Court criminal division CORRECT ANSWERS✅ • Original jurisdiction - indictable offences except for murder and treason
Can sit with a jury District Court civil division CORRECT ANSWERS✅ • Original jurisdiction - any civil action over $100 000

Understanding the Australian Legal System: Sources, Categories, and Functions, Exams of Law

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