Stage 1 Exam

Question 1

What is the doctrine of precedent

Answer 1

it is a fundamental constraint on judicial decision-making in Australia.

Question 2

What is the idea behind the doctrine of precedent

Answer 2

The general idea behind the doctrine of precedent is that judges, when they are deciding cases, must pay proper respect to past judicial decisions

Question 3

What are the two types of precedents

Answer 3

Binding precedent and persuasive precedent

Question 4

What is a binding precedent

Answer 4

a binding precedent obliges a court to follow its decision from past binding decisions

Question 5

What is a persuasive precedent

Answer 5

can influence or inform a decision but not compel or restrict it

Question 6

What is Ratio decidendi

Answer 6

The most important part of the judgement is the legal reasoning used by the judge to reach the decision in the case. This is known as the ratio decidendi.

Question 7

What is the Obiter dictum

Answer 7

a judge can make a statement that is not part of the reason for the decision, but is an important statement relating to the main issue of the case. This statement, known as obiter dictum

Question 8

What is Statutory interpretation

Answer 8

it is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a Statute.

Question 9

What is Common law

Answer 9

that is derived from custom and judicial precedent rather than statutes

Question 10

What is RODD

Answer 10

Reversing, Overruling, Distinguishing, Disapproving

Question 11

What is a political party

Answer 11

is made by Political parties when they have enough members to pass a bill

Question 12

What are pressure groups

Answer 12

Because individuals cannot overpower the government people form pressure groups which helps persuade the government to pass a specific legislation

Question 13

What are public services

Answer 13

Government departments and agencies advise ministers on appropriate legislation to pass

Question 14

What are investigative committees

Answer 14

Governments and parliament set up special committees to research and investigate issues and to make recommendations regarding changes to legislation

Question 15

What is a public bill

Answer 15

A public bill is introduced by the government as part of its legislative plan there are two types of public bill ‘Ordinary public bill’ which do not involve tax or spending of government money, ‘Supply/tax bills’ these impose tax or authorise spending of government money.

Question 16

what is the difference of Ordinary Bills and Supply/tax bills

Answer 16

Ordinary Bills are bills that do not involve tax or spending
Supply/tax bills these bills do impose tax or authorise the spending of government money

Question 17

What is a private bill

Answer 17

these are bills introduced by a person not acting as a minister of the government, including: Independent members, Opposition members, Government backbenches, a minister acting as an ordinary member

Question 18

What is delegated legislation

Answer 18

Delegated legislation is legislation made by bodies other than parliament (for example, the executive). It is also known as by-laws or regulations.

Question 19

Why does parliament delegate legislation

Answer 19

it reduces the parliaments workload, it allows the delegated authorities to explore the broader issue

Question 20

What is the 3 types of negligence

Answer 20

1 The defendant owed the plaintiff a duty of care as their ‘legal neighbour’
2 The defendant breached the duty of care.
3 The plaintiff suffered foreseeable harm/injury/loss as a direct result of the breach

Question 21

What are the types of bills

Answer 21

Ordinary Bills, Amending Bill, Constitution alteration bill, Money Bills, Taxation Bills

Question 22

How to make delegated legislation

Answer 22

Enabling/Parent Act, Consultation Stage, Drafting Stage, Confirmation Stage, Proclamation Stage, Tabling Stage.

Question 23

Steps to make a bill to an act

Answer 23

making legislation, originating house, reviewing house, Royal Assessment, act of parliament

Question 24

What are the different types of relationship

Answer 24

Nuclear Family
Defacto relationship
Same sex couples
Blended families 
Single Parent families

Question 25

What are the legal requirements of marriage

Answer 25

- parties are free to marry - parties are of marriageable age and/or have consent to marry - parties are not in a prohibited relationship - parties have given real consent - the marriage is properly solemnised and registered

Question 26

How do law achieve social cohesion

Answer 26

- defining rights and responsibilities - defining what our society considers is acceptable behavior and what is not. - reflecting the values and attitudes of the majority of citizens - providing mechanisms, such as courts, which provide us with ways to resolve our disputes fairly and justly, when breaches of the law do occur

Question 27

What is the key legal document which states how the commonwealth of Australia is to be governed

Answer 27

The Australian Constitution

Question 28

what are the two main types of bills

Answer 28

Government Bills, Private member bills

Question 29

What are the other types of bills (not the main two types)

Answer 29

Original bills, Amending Bills, Constitutional alteration bill, Money bills, Taxation bills

Question 30

what are different parts of an act

Answer 30

``` short title long title jurisdiction commencement date objectives of the act definitions or interpretation section assent date regulations ```

Question 31

Who are the different delegated authorities

Answer 31

``` Government Departments The governor the administrator the Governor general local councils ```

Question 32

What are the reasons for delegated legislation

Answer 32

- it reduces parliaments workload - Executive bodies often more knowledge in certain areas - the process is quicker - it can be faster and cheaper

Question 33

what is the doctrine of precedent

Answer 33

The doctrine of precedent is the principle that decisions of higher courts in a hierarchy must be followed by lower courts in the same hierarchy where the facts are similar

Question 34

what laws effect marriage and divorce in Australia

Answer 34

The marriage act of 1961 | and the family law act of 1975

Question 35

When can Financial agreements be entered into

Answer 35

Before, During or after a marriage

Question 36

what do Financial agreements deal with

Answer 36

These arrangements can deal with all, or any, of the parties' property and set out how the property will be divided if the relationship ends.

Question 37

How long do you have to be separated before you get a divorce

Answer 37

12 months (there can be a reconciliation period of 3 months)

Question 38

What happens if you have been married for less than 2 years and want a divorce

Answer 38

you have to undergo compulsory counselling

Question 39

until what year did every state and territory have different laws on defacto relationships

Answer 39

2009

Question 40

why is mediation used to settle legal agreements without going to court

Answer 40

because its cheaper, less adversarial and more likely to preserve amicable relationships

Question 41

what factors are considered in in division of property

Answer 41

the financial contribution the non-financial contributions the contributions made by a party as parent or homemaker

Question 42

what methods are used to decide who looks after the child

Answer 42

Counselling/and or mediation can assist them to create a written, legally enforceable agreement

Question 43

what is child support

Answer 43

Child support is the financial support paid by one parent to the other, to help with the costs of a child aged under 18.

Question 44

if an agreement cannot be reached how does the department of human services decide how

Answer 44

both parents’ income if the parents are supporting other children the costs of raising children (including their ages and the number of children) how much time each parent spends with the children (your ‘levels of care’).

Question 45

what are the main stages investigated before trial

Answer 45

Police investigation Charging the offender Bail applications

Question 46

what is the element of a crime

Answer 46

Generally for an accused to be found guilty of a crime, two elements must be proven - the mens rea (guilty mind) and the actus reus (guilty act).

Question 47

reasons why people choose not to report a crime

Answer 47

the seriousness of the crime attitudes towards police past experience the relationship between the victim and the offender fear of reprisal the likelihood of compensation or a successful insurance claim

Question 48

After the person accused of the crime is charged by the police, they may be what

Answer 48

granted bail and released while waiting for their court case granted bail but not released until the bail requirements are met held in custody until the court hearing released (not on bail) and summonsed to appear at court at a later time.

Question 49

what can happen to the victim if an accused person is released on bail

Answer 49

However, if an accused person is released on bail, this can cause stress for a victim or their family, as they may be fearful that the accused will seek contact with them.

Question 50

The main reasons for charge bargaining are to

Answer 50

save the cost and time of lengthy trials in our under-resourced legal system; to ensure that accused people do not escape justice, in cases where the evidence is not strong enough to prove the more serious charge beyond reasonable doubt

Question 51

victims will often be summonsed by the court to appear in court as what

Answer 51

Witnesses

Question 52

what is the The process for a victim who appears as a witness

Answer 52

Victim called by prosecution as a witness Swears an oath to tell the truth Examination in chief - victim is asked questions by the prosecution counsel (lawyer) Cross-examination - victim is asksed questions by the defence counsel Re-examination - victim is asked questions by the prosecution again

Question 53

what are the four aims of sentencing

Answer 53

to punish the offender in a way that is just in all of the circumstances to protect the victim and the wider community to deter people from committing offences to rehabilitate the offender so that they will be able to re-enter the community if and when their sentence is completed

Question 54

what are the two forms of criminal sanctions

Answer 54

denial of personal freedoms (imprisonment, good behaviour bonds etc) denial of financial freedoms (fines, restitution orders)

Question 55

how does the judge understand how the crime impacted the victim

Answer 55

by using the victim impact statement

Question 56

What are the three ways that a victim can seek compensation.

Answer 56

1. compensation as part of sentencing 2. A civil claim 3. Victims of crime fund

Question 57

what is the max amount of compensation a victim can receive

Answer 57

$40,000

Question 58

what can the victim be compensated with if they have multiple injuries

Answer 58

the standard amount for their most serious injury 30% of the standard amount for their second most serious injury if there are more than two injuries, the victm will also receive 15% of the standard amount of the third most serious injury.