Law exam

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Law exam
2014-04-02 00:18:09
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  1. What are the sources of Australian Law & the legal system? Describe them?
    • Public Laws: 
    • - Relationship between the
    • government and the governed.
    • - Comprised of constitutional,
    • administrative, international and criminal laws.

    • Private Laws:
    • - Relationship between private
    • individuals.
    • - Involves “one on one” disputes.
  2. Define Rule of Law?
    • The principle that every person
    • and organisation, including the government is subject to the same laws.
  3. What does the Australian Constitution do?
    • Sets out the institutional
    • arrangements by which nations or associations or other groups are
    • governed. 


    -The federal system; and

    -Separating the functions of government into the:


         -Executive; and

  4. What is the Public and Environmental Health Law?
    • Public health: law is the body of law
    • that provides for good public health powers, responses and programs, and
    • that applies the legal processes to securing public health outcomes.


    World Health Organisation.. 

    • Addresses all the physical,
    • chemical, and biological factors external to a person, and all the related
    • factors impacting behaviors.
  5. What do professionals in the environment and public health sectors do?
    • Investigate and manage public
    • health incidents in the built and natural environments

    • Enforce laws and regulations
    • Conduct and monitor risk
    • assessments
  6. Define Ordinary Statutes
    • A body of rules that define:
    • the rights and obligations of
    • an individual or organisation (eg: corporation); and

    • the consequences if those
    • rights are violated or obligations are not upheld or violated.
  7. What are Constitutions? and what do they do?
    • They set out the institutional
    • arrangements by which nations, or associations or other groups or bodies are
    • governed. 

    They contain rules about Parliament, and the Courts are to operate, who has the power to make decisions and how the Constitution itself can be changed.
  8. Define the federal system
    A federal system is a system of government in which the power to govern is shared between national and provincial/state governments, creating what is often called a federation. 

    • In a federal system,
    • citizens are subject to two sets of laws and governed on two levels:

    Commonwealth; and State/Territory.
  9. Federal:
    Commonwealth is...
    Described as having “specific legislative power” which is limited to the matters enumerated in the Constitution.

    • Most of the Commonwealth
    • legislative powers are shared with the States
  10. Federal:
    Sate/territory has...
    • The general power to legislate for the peace,
    • welfare and good government of their respective areas.  This power is a “general or residual legislative power”.

    • Most of the Commonwealth
    • legislative powers are shared with the States
  11. The legislative powers of parliament are...
    • The Parliament shall, subject to this
    • Constitution, have power to make laws for the peace, order, and good government
    • for the Commonwealth with respect to:

    • postal,
    • telegraphic, telephonic and other like services


    • Fisheries
    • in Australian waters beyond territorial limits
  12. Australian System of Governance
    Separation of Powers
  13. Australian
    System of Governance
    Separation of Powers and Rule of Law
    Legislative - make and change the law

    Judiciary - Make judgements on the law

    Executive - Put law into action
  14. What is the legislative Process?
    • Draft Bill
    • House of Representatives
    • Senate
    • Governor-General
    • Act of Parliament

    Draft Bill -> House of Representatives (Bill presented, first reading, second reading, consideration in detail) -> Senate (Similar process of house of representatives) -> Governor-General (Assent) -> Act of Parliament
  15. What is the literal approach?
    Plain meaning of the rule found in the intrinsic material
  16. Are there any other approaches
    The purposive approach and the integrated Approach
  17. What are some examples of what can be used to interpret a statute?
    • Explanatory memorandum
    • law reform commission report
    • Letter from a minister
    • Statement of Prime minister
    • Relevant quote from overseas judgment
  18. What are intrinsic materials?
    Any information found within the act
  19. What is extrinsic material
    • Materials that are not within the act but are
    • relevant, such as the explanatory memorandum statement by prime minister etc.
  20. What are two main sources of law in
    Common law & Statute
  21. What is jurisdiction?
    The official power to make legal decisions and judgements.
  22. What is original jurisdiction?
    The original court.  

    The original jurisdiction of a court is the power to hear a case for the first time.
  23. The jurisdiction which a higher court has to bear appeals of causes which have been tried in lower courts.