Fundamentals of the Australian Legal System Questions & Answers
2 views 0 purchase
Course
Fundamentals of the Australian
Institution
Fundamentals Of The Australian
The Rule of Law - ANSWERSthe government cannot exercise power unless it can point to a specific rule of law that authorises it to (cannot operate outside its power)
-the law applies to everyone + no man or woman is above the law
Parliamentary Sovereignty (3 aspects) - ANSWERS- parliament can le...
Fundamentals of the Australian Legal
System Questions & Answers
The Rule of Law - ANSWERSthe government cannot exercise power unless it can point
to a specific rule of law that authorises it to (cannot operate outside its power)
-the law applies to everyone + no man or woman is above the law
Parliamentary Sovereignty (3 aspects) - ANSWERS- parliament can legislate on any
subject matter
- parliament cannot bind future parliaments
- no court or other person can override legislation
Separation of Powers - ANSWERSlegislative: makes the law
executive: administers the law
judiciary: adjudicates the law (applies/interprets to solve legal disputes)
-originated from French philosopher Charles-Louis de Secondat
Civil Laws - ANSWERSthose dealing with the enforcement of rights of individuals 'on
the balance of probabilities' (e.g. defamation)
-civil procedure: a written set of rules that set out the processes that courts must follow
when hearing cases of a civil nature (e.g. commencement + rules of discovery)
Criminal Laws - ANSWERSthose dealing with the stability and peacefulness of the
wider community- an action by the State to punish a wrongdoer
Public Law - ANSWERSrelevant to matters affecting the whole community
Private Law - ANSWERSmost relevant to individuals (e.g. property laws)
Constitutional Law - ANSWERSrelates to how the constitution is interpreted
Common Law - ANSWERSlaw made through the courts by judges when deciding cases
Statute Law - ANSWERSlaw made by the parliament (via legislation/acts of Parliament)
International Law - ANSWERSbody of laws and customs that govern relations between
states
-lack a parliament to make laws and courts to enforce them
-countries may choose to become bound by UN resolutions
National Law - ANSWERSgoverning relations between the people in the country and
the institutions of government
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Bestgrades2. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $10.99. You're not tied to anything after your purchase.
