UQ Business Law - LAWS1100 - Midsem Exam Revision
Define Defence
A document prepared by the defendant in response to the plaintiff's statement of claim in a civil action or the charges in a criminal action
Define Statement of Calim
A document setting out the Plaintiff's claim that commences a civil action
Statement of claim
A document setting out the plaintiff's claim that commences and civil action
Define Bill of Rights
A document setting out the rights and liberties of citizens; may be constitutional or statutory
Define Explanatory Memorandum
A document summarising a new statute and explaining the effect of such a provision
Define Bill
A draft act of parliament
Procedural Justice
A fair hearing or trial
Define Regulation
A form of delegated legislation, often setting out procedural aspects of matters regulated in more general terms by parent legislation
Define Interlocutory Orders
An order of the court sought before trail, e.g. where one party is not cooperating with the interrogatory or Discovery Process
How is a Bill passed by the Lower House?
To pass through the Lower House, the Bill must successfully pass through three stages or 'readings'; First Reading Second Reading and Debate Comittee Third Reading
The role of the executive arm of government is to a) make the law b) administer the law c) interpret the law d) amend the law
b
Which of the following is categorized as public law? a) Contract Law b) Constitutional law c) Property Law d) Tort Law
b
Which of the following statements is not consistent with the notion of liberal democracy? a) Democratically unaccountable institutions are subordinate to the authority of elected representatives b) The judiciary and the parliament are answerable to the executive government c) The Constitution is supreme d) Civil Liberties are protected by an independent and non-discriminatory judiciary
b
Define Monarchy
A country where the head of state is a king or queen
Define 'stare decisis'
(to stand by things decided) the principle that when deciding a question of law a court must do so consistently with the earlier decisions of higher courts within the court hierarchy
Define Majority Judgement
A decision regarding the outcome of a trial agreed to by more than half of the presiding judges
Define Overruling
A decison by a court not to follow a precedent established by another court. AKA 'rejecting a precedent'
Define Constitutional Monarchy
A country where the head of state is the king or queen who holds that position subject to the constitution and with the consent of the people, and who exercises little or no actual power.
Define Bailiff
A court officer who is responsible for the orderly conduct of courtroom proceedings
Define Specific Performance
A court order directing a party to fulfill their contractual obligations
Define Injunction
A court order forbidding someone from engaging in particular conduct that will be a breach of the law or infringe the legal rights of another
Define Minority Judgement
A decision regarding the outcome of a trial agreed to by less than half of the presiding judges. AKA 'Dissenting Judgment'
Define Commonwealth
1) Pertaining to the nation of Australia, such as the Commonwealth parliament or Commonwealth Legislation, AKA 'Federal'. 2) Pertaining to the Commonwealth of Nations, those countries where is head of state is the King or Queen of England
Define Electorate
1) Those residents within a jurisdiction who are entitled or obliged to vote 2) a Specific geographic region, the residents of which are entitled to send one or more representatives represent their interests in parliament
Ethics
1. The study of principles that guide people in choosing between what is right and which is wrong, in deciding upon the best course of actions and in judging the actions of themselves and others. 2. These principles themselves
Loopholes
A 'flaw' in a legal rule that, when the legal rule in interpreted literally, enables a person to circumvent the intended effect of the rule
Define Private Members Bill
A Bill introduced into parliament by a private member rather than by the executive government
Define Negotiation
A Dialogue with the objective of resolving a dispute or reaching an understand or agreement
Define Senior Minister
A Minister responsible for one or more of the important portfolios
Define Junior Minister
A Minister responsible for one or more of the less important portfolios
Natural Law Theory
A branch of jurisprudence that insists that there is an intimate and necessary relationship between the law and a higher set of values
Define Challenge for Cause
A challenge with reasons made to the selection of a particular person as a member of a jury
Define Peremptory Challenge
A challenge without reason made to the selection of a particular person as a member of a jury
Define Counterclaim
A claim by a defendant against a plaintiff
Define Direct Democracy
A form of democracy where the citizens participate directly in the processes of government, including law making, changing the constitution and overriding the decisions of government officials
Define Representative Democracy
A form of democracy where the citizens vote for officials who represent them when engaging in legislative and executive aspects of democracy
Define Conciliation
A form of dispute resolution where an independent and expert third party (a conciliator) actively assists the parties to resolve a dispute
Arbitration
A form of dispute resolution where an independent and third party (an arbitrator) resolves the dispute
Define Theocracy
A form of government in which God or a deity is recognized as the supreme civil ruler
Define Democracy
A form of government in which citizens have a say in the decision that affect their lives, including participation in the proposal, development and passing of legislation
Intellectual Property
A form of intangible creation such as the expression of an idea, a trade mark, a new technology or design
Define Certificate of Readiness
A formal statement by a party to litigation that they are ready to proceed to trial
Define Parliament
A gathering of elected representatives, usually bicameral, which debates and votes upon new laws
Define Jury
A group of laypersons who decide questions of fact during a civil or criminal trial
Lobby Groups
A group within the community that exerts pressure upon the legislature to reform the law
Tort
A harmful act, other than a breach of contract, giveing the victim a right to sue for compensation
Define Summary Offence
A less serious offence such as common assault, a traffic offence, or being drunk and disorderly, which is tried before a magistrate
Define Letter of Demand
A letter insisting upon payment of an outstanding debt or performance of an outstanding obligation by a fixed date
Define Prehearing Conference
A meeting of the parties that is held before a trial to encourage the parties to settle their dispute before the trial
Define Minister
A member of the Executive Council Responsible for a particular portfolio and/or government department
Define Backbencher
A member of the majority political party who is not a minister
Define Parliamentary Republic
A parliamentary republic is a type of republic that operates under a parliamentary system of government where the executive branch (the government) derives its legitimacy from and is accountable to the legislature (the parliament).
Define Prerogative Writ
An order of the court ordering an administrative officer or tribunal to act or to refrain from acting in a particular manner
Define Respondant
A person against whom a judicial decision is appealed, usually (but not always) the person who won the original legal proceedings
Define Apellant
A person who appeals a judicial decision, usually (but not always) the person who lost the original court proceedings
Define Committal Proceeding
A preliminary proceeding held in a lower court in order to determine whether there is enough evidence to try the case in a lower court
Define 'Habeus Corpus'
A prerogative writ directing a Government official to bring a detained person before a court of law
Define 'Mandamus'
A prerogative writ directing a government official to perform their administrative duties
Define Certiorari
A prerogative writ ordering that a record of an administrative decision be produced
Define Prohibition
A prerogative writ prohibiting an administrative officer or tribunal from exceeding its powers
Define Presidential System
A presidential system is a system of government where a head of government is also head of state and leads an executive branch that is separate from the legislative branch.
Define Mediation
A process of dispute resolution where a Third Party (a mediator) assists the parties to settle the dispute themselves
Define Ombudsman
A public official who investigates complaints administered by a particular minister e.g. the foreign affairs portfolio
Define Leadign Question
A question that suggests or presumes the answer
Define Alternative Dispute Resolution
A range of non-litigious methods for resolving disputes, including mediation, arbitration and conciliation
Define Judge's Associate
A recent law graduate serving as a judge's administrative and research assistant
Define Liberal Democracy
A representative Democracy in which laws are made by, and the executive government consists of, elected representatives who exercise their power subject to the rule of law and to the constitution
White-collar crime
A rime committed by a person within a business or government organisation where the person takes advantage of their position to carry out the crime
Define 'Reddendo Singula Singulis'
A rule of Statutory Interpretation: where two offenses are followed by two penalties, the first penalty is presumed to apple to the first offence and the second penalty is presumed to apply to the second offence
Define Context Rule
A rule of Statutory Interpretation; the meaning of a words or phrase is to be derived from its context
Define Class Rule
A rule of Statutory Interpretation; where two or more specific words are followed by general words, the general words should be interpreted to accord with the class created by the specific words
Define 'leges posteriores priores contrarias abrogant'
A rule of statutory interpretation: a later law is presumed to override and automatically repeal to the extent of any inconsistency with an earlier law on the same topic
Define Interim Injunction
An order of the court restraining one of the parties from acting in a particular way until the trail is concluded, such as selling property or leaving the country
Define Golden Rule
A rule of statutory interpretation: legislation should be interpreted literally unless such an interpretation leads to a result that is absurd or inconsistent with the rest of the document, in which case the literal interpretation should be modified to avoid the absurdity or inconsistency
Define Literal Rule
A rule of statutory interpretation: when reading a statute a court should interpret the statute literally, giving the words and phrases their ordinary and natural meanings
Define 'Expressio unis est exlusio alterius'
A rule of statutory interpretation; if a statutory provision expressly states that it is to apple to certain specific things, then things that are not expressly included are presumed to be excluded
Define 'Generalia specialibus non derogant'
A rule of statutory interpretation; if there are two inconsistent statutory provisions, and one is general and the other specific, the specific provision is presumed to override the general provision
Define Mischief Rule
A rule of statutory interpretation; in the event of an ambiguity in statutory provision, the court should consider the problem or 'mischief' the statute was intended to address
Define Indictable Offence
A serious criminal offence such as murder, manslaughter, rape, or robbery - tried before a judge or jury
Local Authority
A statutory authority such as a city council or a shire council that exercises legislative power delegated to it by a state or territory government. AKA 'Local Government'
Define Cabinet
A subset of the Executive Council consisting of the Senior Ministers
Define Unitary System of Government
A system of Government where a single government is responsible for the entire jurisdiction (although it may delegate responsibilities to local authorities)
Define Republic
A system of Government where the head of state is not a Monarch
Define Federation
A system of government where legislative, executive and judicial power is shared between a national government an various state or regional governments
Law
A system of rules made by the state and enforceable by prosecution or litigation
Defamation
A tort committed when one person publishes to a third party, in spoken or written form, a statement about another person that would damage the reputation of that person
Define Civil Trial
A trail resulting from one person suing another under civil law
Define Criminal Trial
A trial involving the prosecution of a person who has been accused of contravening the criminal law
Define Common law Legal system
A type of Legal system, based upon the British Legal System, where the two main sources of law are case law and legislation.
Define Solicitor
A type of lawyer; one who provides legal advice and representation to members of the public
Define Barrister
A type of lawyer; one who specialises in the representation of clients before courts and tribunals, as well as the provision of legal advice
Define Civil Law Legal System
A type of legal system, based upon the roman legal system, where the main source of law is legislation
Define Referendum
A vote on an issue or question by the electorate
Define original Act
An act passed about a particular matter for the first time
Define Consolidating Act
An act that brings all the statute law in a particular area or the consolidates an original act with all its subsequent acts
Define Amendment Act
An act that changes an existing act
Define Reviving act
An act that revives or restores an act that is no longer current
Contract
An agreement between two or more persons that is legally enforcable
Define Appeal
An application to a higher court to review the decision of a lower court
Define Special Leave
An application to the High Court for permission to appeal to that court
Restorative justice
An approach to criminal justice concerned with restoring or healing the victim and reintegrating the offender into the community
Deontologicalism
An approach to ethics according to which ethical rules are universal rules with which a person must comply regardless of the consequences
Define Purpose approach
An approach to statutory interpretation according to which a statute should be interpreted so as to promote the purpose or object underlying the statute
Define Precedent
An earlier decision by a judge on a question of law that should be followed in the present circumstances for the sake of consistency
Define Persuasive Precedent
An earlier decision that a judge is not obliged to follow but is nevertheless likely to follow
Define Binding Precedent
An earlier judicial decision that a judge is obliged to follow
Consequentialism
An ethical theory that emphasises the consequences of behavior, eg. utilitarianism
Define Direct Evidence
An eyewitness account of any fact that is in issue before the court
Define Order for Costs
An order by the court determining whether each party should pay their own legal costs or one party should pay the costs of the other
Define Subpoena
An order of the court directing a person to appear at the trial as a witness and/or produce documents
Define Plea Bargaining
Attempt by the prosecutor to persuade the defendant in a criminal trial to plead guilty to a lesser offence than the one with which they were initially charged, in order to resolve the dispute more quickly
Which Level/s of Government hold concurrent powers and who takes precedent?
Both the Federal and State Governments hold these powers, but if in contradiction Federal Law prevails.
Define Judgement
Decision of a judge regarding the outcome of a trial
What are the four main theories of ethics?
Decontologicalism, Consequentialism, Virtue Ethics, Relativism
Define Reversed
Descriptive of a decision of a lower courts that is not agreed with by a higher court on appeal
What are the types of Justice?
Distributive Justice Procedural Justice Retributive Justice
Define Bail
Payment of money as security for the release of a person from Police Custody pending trail
When does an Act passed by the Federal Parliament commence?
Either; 1) the legislation will expressly set out the date when it is to commence. 2) The commencement date is 'to be fixed by proclamation' meaning that the executive government will decide a date later 3) If neither of the above, then an automatic date is used, which changes by jurisdiction
Define Distinguishing
Emphasizing the differences between the facts of an earlier case and the present case in order to justify a refusal to follow the precedent established by the earlier case
Define Relativism
Ethical values, rules and standards differ from time to time and place to place; there are no universal standards of right and wrong, and you should make the best decision possible in the particular circumstances of the ethical dilemma.
Define real evidence
Evidence in the form of objects that the court is asked to examine
Define Circumstantial Evidence
Evidence not of the fact in issue, but of other facts from which the court may infer the evidence of the fact in issue
Public law
The category of law concern with the relationship between the citizen and the state; it includes constitutional law, administrative law, criminal law and taxation law
Define Natural Justice
Extra-legal principles of procedural fairness
Define Contempt of court
Failure to follow a court order or direction of a judge
Define Service
Formal delivery of a document or notice
Define Office of Parliamentary Counsel
Government Lawyers that specialize in the drafting of legislation
What is the State and Territory Court Hierarchy (Highest to Lowest)?
High Court Supreme Court District Court Magistrates
What is the Federal Court Hierarchy?
High Court of Australia Federal Court of Australia/Family Court of Australia Federal Circuit Court
State
If capitalized , a state within a federation
Justice
If capitalized, the title given to a judge in the high court, the Federal Court, the Family Court or a State Supreme Court
justice
If in lower case, an extrinsic value concerned with how legal systems should be administered and how individuals should behave, and against which the law can be judged
state
If lowercase, the government generally
What happens if the Upper house refuses to pass a bill that has been passed by the lower house?
If this happens once, and then again three months later, then section 57 of the Constitution is invoked, and the Governor-General is empowered to dissolve both houses and call a double-dissolution election in which all members of parliament are dismissed a subject to re-election. If after a new parliament is elected this deadlock re-occurs, then there is a joint sitting of both the upper and lower houses.
Where is an appeal on a Federal Circuit Court ruling heard?
In either the Federal Court of Australia or the Family Court of Australia
How is the Australian Constitution Structured?
It is divided into 8 chapters and contains 128 sections
Define Default Judgement
Judgement automatically issued in favor of the plaintiff in the absence of a defense filed by the defendant
Define Joint Judgement
Judgment delivered by two or more judges writing together
What are the Secondary Legal Materials?
Law Textbooks Law Journal Articles Legal Dictionaries Legal Encyclopedias
What is the relationship between law and politics?
Law is the outcome of historical development, tradition, cultural values and community perceptions and justice and ethics, much of which is shaped and developed by politics.
Define Legislation
Law made by Parliament. AKA 'Statute', or 'Act of Parliament'
Case Law
Law made by courts in accordance with the doctrine of precedent. Also known as 'common law'
Define Case Law
Law made by courts in accordance with the doctrine of precedent. Also known as 'common law'
Legislation
Law made by parliament. Also known as a 'statute' or 'Act of Parliament'
Class Action
Legal action brought against a defendant on behalf of a large number of plaintiffs with similar causes of action
Private Law
The category of law concerned with relationships between individuals within the community; it includes contract law, tort law and property law
Litigation
Legal proceedings brought by one member of the community by another. Also known as 'Civil Action'
Prosecution
Legal proceedings brought in a court of law as a result of the state seeking to establish the guilt of a person charged with having committed a crime
What are the Primary Legal Materials?
Legislation Case Law
Define Delegated Legislation
Legislation made by a body other than parliament, and to whom the parliament has delegated law-making power
Define Damages
Monetary compensation, a type of civil remedy
What are the rules of statutroy interpretation?
Literal Approach Contextual Approach Purposive Approach Common Law presumption Statutory Rules
Define Extrinsic Materials
Materials external to a statute that assist in the interpretation of the statute
How are members appointed to the Senate?
Members are appointed for a maximum of three years, after which they must face re-election. Each member is elected to represent a particular electorate or geographic region.
What are the major forms of government?
Monarchies Presidential Systems Parliamentary Republics Theocracies One Party States
Define One Party State
One-party states, are nation-states where only one specific political party has the monopoly of political power
Name the first five types of Act
Original Acts Amendment Acts Repealing Acts Consolidating or Reprinted Acts Reviving Acts
Define Judicial Activism
Overt law making by a judge or judges
Federal
Pertaining to the nation of Australia, e.g. the Federal Parliament or Federal Legislation. Also known as the 'Commonwealth'
What are the reasons why laws may change?
Political Change Fixing Problems Changing Values Lobby Groups Changing Technology
What are the stages in the Parliamentary Process?
Proposal Drafting of Bill Lower House Upper House Royal Assent Commencement
What are the various sources of pressure for a new law?
Public Servants Law Reform Body Lobby Groups Media Courts Government Policy
Define Interrogatories
Questions directed from one party to another prior to a trail that the other party must answer on oath
What are the six key characteristics of the Australian Legal system?
Responsible Government Liberal Democracy Common Law Legal System Constitutional Monarchy Federation Separation of Powers
What are the sources of law?
Secondary and Primary Legal materials
What are the four categories of Law?
Substantive and Procedural law Public and Private law Civil and Criminal Law Domestic and international Law
What is 'Justice'? What is the relationship between law and justice?
Some philosophers insist that law is necessarily a reflection of universal principles of justice, while other insist that questions of legality and questions of justice are not necessarily related. It is desired, however, that legal rules and decisions have some level of justice to them.
Define Retrospective
Something that is deemed to have commenced before it was actually created
The federal and state government pass conflicting laws on education, whose legislation prevails?
State legislation, as education legislation is a residual power.
Define 'Obiter Dicta'
That part of a judge's decision other than the legal principle upon which the final decision is based
Define 'Ratio Decidendi'
That part of a judge's decision that sets out the legal principle upon which the final decision is based
What was the Curis Regis and how did it evolve into the parliament we recognize today?
The 'Great Council' of the Norman Monarchs, consisting of the king's bishops, abbots, powerful landowners and other leaders who met and discussed national issues, advising the king.
Define Governor-General
The Crown Representative in Federal Government
Define Governor
The Crown representative in State Government
Define Facts in Issue
The Facts disputed by the parties in legal proceedings
How are the Territories regulated?
The Federal Parliament can make laws in regard to a Territory on any subject, it does not share law-making powers with the State Parliaments as it does in relation to the rest of Australia
Which Level/s of Government hold Exclusive powers and what are they?
The Federal Parliament holds Exclusive Powers. These are; 1) The Establishment of the seat of Government of the Commonwealth and oversight of the Commonwealth public Service 2) The Imposition of Customs and Excise Duties 3) The Raising and Maintaining of any naval or Military Force 4) The Coining of Money 5) The Government of Territories
Define Legislative Assembly
The Lower House of the State pr Territory Parliament
Define House of Representatives
The Lower house of the Federal Parliament
Do all courts have Appellate Jurisdiction? Elaborate.
The Magistrate Court does not. Appeals from this court proceed to either District Court or Supreme Court Appeals
What is the role of the Senate?
The Senate is known as the House of Review, and while the executive usually controls the lower house, they do not control the Upper House, thus created another level of accountability for the Government.
Which Level/s of Government hold Residual Powers?
The State Government holds residual powers. They can make laws in relation to; Education Health Criminal Law Contracts and torts transport property and land local government
Define Legislative Council
The Upper house of the State Parliament
Define Standard of Proof
The amount of proof required in a civil or criminal trial for the plaintiff or Crown to discharge their burden of proof
Define Testimony
The assertions of a witness in court
Define Executive
The branch of Government responsible for administering the legal system
Define Judiciary
The branch of Government responsible for interpreting the law
Define Legislature
The branch of Government responsible for making the law (Parliament)
Define Equity
The category of case law rules and remedies based on fairness and justice, developed to supplement the common law
Define Executive Council
The council of Ministers responsible for advising the Crown Representative regarding the exercise of executive power
Define Sheriff
The court officer responsible for processing jury matters, issuing warrants of arrest, serving a executing certain civil writs, and processing persons appearing before the courts for trail and sentencing
Define Court Reporter
The court officer responsible for recording the court proceedings
Define Double Dissolution
The dissolving of both houses of parliament by the Crown Representative
What are the Exclusive Powers of the Federal Parliament?
The establishment of the seat of government of the Commonwealth and oversight of the Commonwealth public service; The imposition of customs and excise duties; the raising and maintaining of any naval or military force; The coining of money; The Government of the Territories
Define charging the jury
The explanation by the judge to the jury of the nature of the jury's role during the trial
Jurisdiction
The extent of the power and authority conferred upon a parliament, a government body or a court
Define Facts in issue
The facts disputed by the parties in legal proceedings
Distributive Justice
The fair and proper distribution within a group or community of things such as wealth, resources or power
Define Assent
The final stage in the passage of legislation, where the Crown representative formally approves the new law. Aka 'Royal Assent'
Define Examination in Chief
The initial questioning of a itness by the party that called upon them to present evidence
Define Statutory Interpretation
The interpretation by the courts of legislation when they are called upon to decide whether or not the legislation applies to a particular set of facts or whether a particular statutory rule has been contravened.
Define Apellate Jurisdiction
The jurisdiction of a court to hear appeals from other courts that are lower in the hierachy
Define original Jurisdiction
The jurisdiction of a court to resolve a dispute being heard for the first time
Domestic Law
The law that regulates persons within a particular jurisdiction
Define Exclusive Powers
The legislative powers able to be exercised only by the Federal Parliament
Define Residual power
The legislative powers able to be exercised only by the State parliaments
Define Concurrent Powers
The legislative powers able to exercised by both the Federal Parliament and the State Parliaments
Define House of Commons
The lower house of the British Parliament
Define Attorney-General
The member of the cabinet responsible for oversight of the legal system and the provision of legal advice to the executive government
Define Crown Representatives
The monarch's representative in government, e.g. the Governor-General in Federal Government, and the Governor in State Government.
Utilitarianism
The notion that decisions should be made or resources should be distributed so as to maximize the total or average welfare across all members of a group or community
Desert Theory
The notion that resources should be distributed according to what each member of a group or community deserves
Egalitarianism
The notion that resources should be distributed equally within a group or community
Define Burden of proof
The obligation of one of the parties to a trial to produce sufficient evidence to establish their side of the argument
Define Administrator
The officer responsible for administering a state of territory on behalf of the government
Electoral Roll
The official record of the residents within a jurisdiction who are entitled ro obliged to vote
Define Judge
The person responsible for adjudicating a trail, including ensuring that the rules of evidence and procedure are followed, deciding any questions of law and in absence of a jury) deciding any questions of fact
Define Plaintiff
The person who commences a civil action against another person
Jurispudence
The philosophical study of the meaning and nature of law
How did parliament become the 'Sovereign Law Maker'?
The power of this council grew until in the 1600's it staged a successful revolt to protect such power from the monarch. When the monarchy eventually recovered, it was recognized that the parliament was the sovereign lawmaker
Rule of Law
The principle that governmental authority must be exercised only in accordance with written, publicly disclosed laws that have been adopted and are enforced in accordance with the establish procedure, and that all citizens, including those who make up the government, are rules by laws rather than by personal discretion or arbitrary exercises of power
Doctrine of Separation of Powers
The principle that legislature, the executive and the judiciary should as far as possible remain functionally separate
Define Doctrine of Reception
The principle that settlers of a new territory bring with them the law of their home country
Define Doctrine of Responsible Government
The principle that the executive branch of Government should be answerable to the legislature rather than the monarch
Define Doctrine of Precedent
The principle that when deciding a question of law a court must do so consistently with the earlier decisions of higher courts within the court hierarchy. AKA 'Stare Decisis'
Define Discovery
The process by which one party to legal proceeding acquires copies of documents in the possession of the other party
Consumer Credit
The provision of money or credit by a business to a consumer for non-commercial purposes and with the expectation of repayment at a later date
Define Registrar
The public officer responsible for the management of the court registry or other government office
Define Cross-Examination
The questioning of a witness during a trial by the other party of their lawyer
Criminal Law
The set of legal rules and legal procedures that facilitate the prosecution by the state of those accused of having committed a crime
Civil Law
The set of legal rules and legal procedures that regulate the relationships between members of the community and enable them to resolve disputes
Constitution
The set of rules determining how a nation or state, or an organisation such as a corporation will be governed
Define Constitution
The set of rules determining how a) a nation or state, or b) an organisation such as a corporation will be governed
Define re-examination
The stage of questioning a witness where the lawyer who conducted the examination in chief has the opportunity to clarify the witness's evidence following the cross-examination
Define Adversarial System
The system of dispute resolution used in courts in common law legal systems according to which party argues their case before an impartial judge who decides the outcome of the dispute
Procedural Law
The system of legal rules that regulate the legal process such as civil litigation or a criminal prosecution
Substantitive law
The system of legal rules that set out the rights and obligations of individuals and the state
Public International law
The system of rules regulating the relationships between states
Private International Law
The system of rules that determine which state's laws should be applied to resolve a dispute between people in different states, also known as 'conflict of laws'
Define Inquisitorial System
The system of trail used in courts in civil law legal systems according to which the judge plays a participatory, truth-seeking role.
Define House of Lords
The upper house of the British Parliament
Define Senate
The upper house of the federal parliament
How are members appointed to the House of Representatives?
There are 12 Senators from each state and there are two Senators from each Territory. Each Senator is appointed for six years, and half of the Senate is re-elected every 3 years.
Define Formal Powers
Those powers of the Crown Representative explicitly granted by the relevant constitution or by legislation
Define Reserve Powers
Those powers of the Crown Representative that can be exercised independently of the advice of the executive government
How can a person challenge the decision of a government department or agency?
Through the Judicial Review or the Administrative Appeals Tribunal
Define Native Title
Title to land based on a continuing traditional connection between the land and an Indigenous group
Define Repeal
To abolish or withdraw legislation
Define Bicameral
To be comprised of two parts; when used in reference to a parliament, indicates that the parliament consists of two houses, an upper house and a lower house
How are new laws made by the Parliament?
To become law, a bill must pass three 'readings' in each of the two houses of the parliament and then receive royal assent.
Define Amend
To correct or change a document e.g. a contract or statute
Define Constitutional Conventions
Unwritten rules based upon tradition that dictate how a constitution should be interpreted and how it should operate in practice
Define Virtue Ethics
Virtue ethics focuses not upon the criteria for making ethical choices but upon the qualities of a ethical person.
According to the Australian Constitution, Legislative Power is exercised by a) The Parliament b) The Cabinet c) The Governor-General d) The High Court of Australia
a
Ethics are a) rules of conduct b) made by the state c) enforceable through litigation or prosecution d) all of the above
a
If Parliament passes a statute that simple inserts into an earlier statute an additional section, that earlier statute is said to be a) Amended b) Repealed c) Consolidated d) Distinguised
a
In a civil trial a) the party who commenced the action is called the plaintiff b) the burden of proof is on the Crown c)the standard of proof is beyond all reasonable probabilities d) if the defendant is found guilty they will be punished
a
Most Bills introduced into Parliament are a) introduced in to the lower house first b) Private Member's bills c) not drafted by the Office of Parliamentary Counsel d) Consolidation Bills
a
conditional costs agreement
a costs agreement with a client that states that payment of the lawyer's fee is conditional upon the client's matter being resolved successfully
Retributive justice
a fair and proper response to a wrongful act
Define Repealing Act
an act that abolishes an existing act
A judge in the District Court of South Australia is obliged to follow a precedent established by a) a judge in the Local Court of South Australia b) a judge in the High Court of Australia c) A judge in the Supreme Court of Australia d) A judge in the Family Court of Australia
b
According to the Golden Rule of Statutory Interpretation, and Act should be interpreted literally a) at all times b) unless a literal interpretation leads to an absurdity or inconsistency c) Unless a literal interpretation is inconsistent with the purpose of the act d) unless a literal interpretation leads to an impractical result
b
If a Commonwealth Act does not include a clear commencement date, it is deemed to commence a) on the date it receives Royal Assent c) on a date to be proclaimed d) on the first of January that follows the date it receives Royal Assesnt
b
Income tax on business earnings is payable to a) the court b) The Federal Government c)the other party to the transaction d) the state of territory government
b
'The main purpose of Imprisonment is to warn other potential offenders of the consequences of breaking the law'. With which theory is this statement consistent? a) Egalitarianism b) Desert Theory c) Utilitarianism d) Retributivism
c
A Double Dissolution is necessarily followed by a) A referendum b) A joint sitting of both Houses of Parliament c) an election d) Royal Assent
c
A tort is a) a law made by parliament b) a legally enforceable agreement c) a harmful act that gives the victim a right to sue for compensation d) all of the above
c
According to section 109 of the Australian Constitution, in the event of a conflict between a Federal law and a State Law a) the law passed first will prevail b) the law passed most recently will prevail c) the Federal law will prevail d) the State law will prevail
c
If a person breaches a contract a) the other party to the contract can sue then for compensation b) they will be prosecuted c) they will be punished d) all of the above
c
The claim that unjust law does not have to be obeyed is consistent with a) legal positivism b) jurisprudence c) natural law theory d) the rule of law
c
Who claimed that in the absence of law, existence would be a 'war of all against all' a) Renee Descartes b) John Locke c) Thomas Hobbes d) Thomas Aquinas
c
A claim that a business has breached the "Copyright Act 1968 (Cth)" is most likely to be heard by a) the High Court of Australia b) the Copyright Court c) the Federal Parliament d) the Federal Court of Australia
d
According to the Adversarial system of trial a) the parties have complete responsibility for the conduct of their case b) the parties decide what evidence should be put before the court c) the judge takes the part of an impartial referee d) all of the above e) none of the above
d
According to the Australian Constitution the Federal Parliament can exercise a) exclusive powers b) concurrent powers c) residual powers d) exclusive and concurrent powers e) concurrent and residual powers
d
According to the Doctrine of Responsible Government a) The legislature and the executive must remain functionally separate b) Settlers of a new territory bring with them the law of their home country c) Members of the Judiciary should be elected, not appointed by the executive d) Members of the executive must also be members of the legislature
d
An Australian Court will only basic jurisdiction to hear an international dispute if a) The defendant is present in the court's jurisdiction the statement of claim is served on them b) The defendant submits the court's jurisdiction c) The court authorises someone to find and serve the statement of claim upon the defendant outside the jurisdiction d) any of the above e) Either a or c
d
An ombudsman investigates Complaints made about a) government departments b) local authorities c) commercial organisations d) all of the above e) none of the above
d
How many Senators are in the Senate? a) One from each electorate b) Exactly half of the members in the House of Representative c) One from each State or Territory d) Twelve from each State and Two from each Territory
d
Local Government in Australia a) Is regulated by the Australian Constitution b) Is a separate, third tier of Government c) Exercises the powers delegate to it by the Federal Parliament d) Exercises the powers delegated to it by the relevant state of territory government
d
The Federal Executive Council does not include a) the Prime Minister b) the Junior Ministers c) the Cabinet d) the Governor General
d
The use in dispute resolution of an independent third person who considers the merits of each case and then makes a decision is called a) negotiation b) Mediation c) Conciliation d) Arbitration
d
The use of the purposive approach to statutory interpretation a) has replaced the use of the literal rule b) was welcomed by judges c) in no longer common d) may require reference to extrinsic materials
d
When the decision of a court is appealed, the Plaintiff in the original trial becomes a) the defendant b) the appellant c) the respondant d) it depends upon which party brings the appeal
d
Which of the following is a primary legal material? a) The Australian Law Journal b) A legal Dictionary c) AGIS d) Donogue v Stevenson (1932) AC 562
d
Which of the following statements is inconsistent with the rule of law? a) Political power must be exercise in accordance with written, publicly disclosed laws b) parliament should where possible avoid making laws that are retrospective c) A person should not be treated differently by the legal system solely because of their religious beleifs d) If a person has been found not guilty of a crime but new evidence comes to light they should be tried a second time
d
Which of these are consequences of over-regulation for small businesses? a) inability to comply with numerous applicable laws b) too much time spent of paperwork c) Laws unfairly and inappropriately restrict them in their efforts to earn income and serve their customers d) all of the above
d
Which of the following are advantages of delegated legislation? a) Parliaments do not have the time or expertise to debate and vote upon every rule a regulation deemed necessary for governance b) Complex and technical rules are best made by experts and not parliamentarians c) Government Departments, Courts and Local Authorities are usually closer to the problem that give rise to such laws, and are thus better equipped to construct a solution d) Rules, Forms, and procedures often require variation or correction, and it is much easier and quicker to for executive to amend a legislative instrument than it is for parliament itself to debate and agree upon amendments to legislation e) all of the above f) both b) and d)
e
Which of the following are disadvantages of delegated legislation? a) The undemocratic nature of the process b) Creates a greater tax-payer burden c) Contributes to over-regulation d) Is unsustainable e) All of the Above f) both a) and c)
f
What are the kinds of laws that apple to businesses?
taxation, industrial relations, workplace health and safety, consumer protection, corporate governance, and environmental protection laws.
