Australian law stuvia - Study guides, Class notes & Summaries

Sources of Australian Law - ANSWERS-Aboriginal and Torres Strait islander people's customary law -Statute Law -Constitutional Law -Common Law -International Law Common Law - ANSWERS-laws that come from the decisions of judges in courts as opposed to the laws that come parliament -system of law that a country uses -law developed by courts of common law as distinct from the courts of equity Precedent - ANSWERSan earlier event or action that is regarded as an example or guide to...

Hammurabi - ANSWERSKing of the Babylonian empire; creator of the Code of Hammurabi, one of the world's oldest codes of law. Criminal Law - ANSWERSWhen you have violated a law against the crown. A system of laws that regulate and protect individuals from harming others. Civil Law - ANSWERSLaws regulating the behaviour of individuals; a form of private law. Civil law applies when people (or companies) do "civil wrongs" against each other. Statute Law - ANSWERSLegislation that has...

The main sources of law in Australia are: - ANSWERS(c) Both the courts and parliament Legislation passed by parliament is called: - ANSWERSAn Act The legislation that applies in Queensland is: - ANSWERS(d) the lesislation of the commonwealth parliament and the QLD parliament Which of the following is true? (a) the parliament cannot pass laws overriding the decisons of the courts? (b) parliament cannt pass laws overriding the decisions of the courts when the prime minister is out of Au...

Name the two main sources of Law? - ANSWERS1.Parliament made Law. 2.Court made law. Who makes Parliament Laws? - ANSWERSelected politicians make laws. Who makes Court made law? - ANSWERSJudges. How do judges make Court made law? - ANSWERSthrough their decisions in court cases. These various sources of law fit together to create a? - ANSWERSLegal system. Are the courts are independent of the parliament.? - ANSWERSYes. Are judges appointed for life? - ANSWERSYes. What kind of...

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:...

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...