Private and Public law - Criminal and Civil Law Comprehensive Exam Questions And Correct Detailed Answers.
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Module
PRIVATE LAW
Institution
PRIVATE LAW
What is private law - correct answer Laws relating to the relationship between individuals and organisations, part of the civil legal system
list the three components of private law - correct answer - con...
What is private law - correct answer Laws relating to the relationship between
individuals and organisations, part of the civil legal system
list the three components of private law - correct answer - contract
- tort
- property
Describe features of contract law - correct answer -legally binding agreements
made between 2 or more parties
-disputes involve fulfilment of responsibilities
-can result in damages, injunctions or specific performance
Example of contract law case - correct answer Commercial Bank of Australia v
Amadio (1993)
High Court held that unconscionable dealing due to a lack of knowledge or education and the imbalance
in bargaining power are considered could unwind a transaction
What is TORT law - correct answer common law actions for civil wrongs. Unless
barred by statute, individuals are entitled to sue other people, or the state; for the purpose of obtaining
a legal remedy for the wrong committed.
What are the four types of tort - correct answer -negligence
-nuisance
-defamation
-trespass
, Examples of negligence cases. British and Australian - correct answer -
Donoghue v Stevenson (1932)
- Hanssen v Peninsula Private Hospital (2012)
What is property law - correct answer The recognition of exclusive rights to
both tangible and intangible resources including land, goods, copyrights, trademarks, patents and trade
secrets
What is public law - correct answer Laws relating to the relationship between
individuals and the state and the operation of government, apply to everyone
List the 3 components of public law - correct answer -constitutional
-administrative
-criminal
What is criminal law - correct answer body of law made, recognised and
applied in Australia that relates to crime
Describe features of criminal law - correct answer -certain acts or omissions
are punished by the state
-maintain public safety and order
Example of criminal law legislation - correct answer Crimes Act 1900 (NSW)
What is administrative law? - correct answer the body of law that regulates the
operation and procedures of government agencies. Ensures the accountability of government
organisations
List the 3 ways an individual can access administrative law - correct answer
external review: reviewed by member outside of agency
internal review: member of agency reviews decision
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