Law Notes
Australia’s legal system is a common law legal system based on the: British legal system. Before we apply the law to solve a legal problem we need to: Locate the law applicable to the legal problem. Australia is a liberal democracy in that the executive government is made up of representatives: Elected by the citizens. Australia was initially regarded terra nullius at the time of British settlement, which means: ‘Land belonging to no-one’. The notion of ‘parliamentary supremacy’ provides that: Nobody has the right to override a law validly made by parliament.
In the event of conflict between case law and a statutory rule: The statutory rule prevails. The Federal Parliament of Australia consists of: The House of Representatives and the Senate. Residual power to make laws with respect to crime, contract and tort is exercisable by: State parliaments. As an employer Johnny must pay payroll tax to: The State government. Legislation is law made by: The legislature. Legal encyclopaedias and law textbooks are: Secondary materials. In State parliament the Crown is represented by the:
Governor The two sources of law are: Primary and secondary legal materials. An amendment to the Australian Constitution requires: 1 A simple majority of votes in both Houses of Parliament. 2 An absolute majority of votes in both Houses of Parliament. 3 A majority of votes by citizens and by States. 4 A simple majority of votes in one of the Houses of Parliament. 2 and 3 A particular law might be changed because of: 1 A change in government. 2 Changing social and moral values. 3 Terrorists demanding a change. The invention of new technologies. 1,2 and 4 Case law is found in: Law reports. The power to make law at the Federal level of government is vested in: The Federal Parliament. Legislative power is the power to: Make Law A legal system that complies with the rule of law will ensure that: 1 All citizens have legal rights enforceable in the courts. 2 The law will be applied equally to all. 3 The exercise of power by the state is arbitrary. 4 People will only be punished for conduct that is expressly made illegal. 1, 2, 4.
