Fundamentals of the Australian Legal System Exam Questions And Verified Answers.
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Course
Australian Law
Institution
Australian Law
The Rule of Law - Answer the 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) - Answer - parliament ...
Fundamentals of the Australian Legal
System Exam Questions And Verified
Answers.
The Rule of Law - Answer the 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) - Answer - parliament can legislate on any subject matter
- parliament cannot bind future parliaments
- no court or other person can override legislation
Separation of Powers - Answer legislative: 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 - Answer those 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 - Answer those dealing with the stability and peacefulness of the wider community- an
action by the State to punish a wrongdoer
Public Law - Answer relevant to matters affecting the whole community
Private Law - Answer most relevant to individuals (e.g. property laws)
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