Week 1: The Australian Legal System Questions& Answers
0 view 0 purchase
Course
The Australian
Institution
The Australian
What is a law? - ANSWERSA set of rules imposed within a society to regulate day-to-day life.
What are the two types of legal systems? - ANSWERSCommon Law & Civil Law
Outline key traits of the Common Law system and Judge's involvement - ANSWERSMost laws are found within case law meaning that j...
Week 1: The Australian Legal System
Questions& Answers
What is a law? - ANSWERSA set of rules imposed within a society to regulate day-to-
day life.
What are the two types of legal systems? - ANSWERSCommon Law & Civil Law
Outline key traits of the Common Law system and Judge's involvement -
ANSWERSMost laws are found within case law meaning that judges interpretation of
laws establish new precedent or "laws"
Judges do not play and active role in how parties present their case
Outline key traits of the Civil Law system and Judge's involvement - ANSWERSLaws
found within comprehensive codes (civil, commercial, penal etc.)
Judges are and active participant
What are the two sources of Australian Law and how are each made? -
ANSWERSStatute Law (via passing of bill through houses of Parliament) & Common
Law (judge-made through statutory interpretation/the doctrine of precedent).
Which source of law prevails in the presence of conflicting laws? - ANSWERSStatutory
Law prevails
When was the Australian Constitution established. - ANSWERS1 January 1901
How to Federal systems differ from Unitary systems (such as Aus's) -
ANSWERSFederal systems such as those in the US split law-making powers between
the states and the Commonwealth.
What does s.109 of the Constitution state? - ANSWERSWhen 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. (essentially, when a commonwealth
law conflicts with a state law, the commonwealth law prevails).
What type of law does contract law involve? - ANSWERSState Law & Commonwealth
Law
What is the doctrine of precedent and what does it provide? - ANSWERSWhen judges
follow decisions of previous cases. Provides certainty and consistency.
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 $11.99. You're not tied to anything after your purchase.
