lect 4

Question 1

Background to laws

Answer 1

1. Law has a social context
2. Early laws based on a moral code derived from
   Christianity (eg. The 10 Commandments)
3. Alternative views & philosophies
   • Emphasise an individualistic perspective
   • Separation of Church & State
   • Right & wrong determined by what law says

Question 2

Clashes between views on la

Answer 2

Examples where conflict arises: 
➢ Abortion
➢ Euthanasia
➢ Same sex marriage
➢ Genetic manipulation

Question 3

What types of law exist?

Answer 3

Statute Law

• Common Law =

Question 4

Statute Law

Answer 4

= law made by the Commonwealth,
State and Territory Parliaments
• Also called legislation consisting of Acts and
delegated legislation (regulations)

Question 5

Common Law

Answer 5

law made by judges
• Accumulated body of law from judge’s 
decisions
• Also known as case law
•

Question 6

Common law and statutory law

Answer 6

have a
symbiotic relationship (ie. do not exist
independently)

Question 7

Principles of Law

Answer 7

Natural Justice
Rule of Law
Presumption of Innocence (in criminal law)
Principles of Law
Balance of probabilities 
Doctrine of Precedent

Question 8

Natural Justice

Answer 8

 Not denied liberty/property/livelihood without
being warned & heard in own defence
 None may sit in judgement of another if have a
vested interest in the case

Question 9

Presumption of Innocence (in criminal law)

Answer 9

 Only guilty if action was an offence at the time
 Government is not above the law
 Must be proved guilty (eg. news reports refer
to “alleged”)

Question 10

Balance of probabilities

Answer 10

➢ Civil law / administrative law

Question 11

Doctrine of Precedent

Answer 11

➢ Means that judges are bound to follow
interpretations of the law made by judges in
higher courts, in cases with similar facts or
involving similar legal principles