Sources of Contemporary Australian Law
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Sources of Contemporary Australian Law

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Questions and Answers

What year was the Family Court of Australia established?

  • 1901
  • 2001
  • 1975 (correct)
  • 1980

    • The High Court of Australia has only original jurisdiction.

    False

    What is the primary function of the Family Court of Australia?

    To rule on cases related to family law matters such as divorce and parenting orders.

    Statute law is also known as __________.

    <p>legislation</p> Signup and view all the answers

    Match the following functions to their respective courts:

    <p>Family Court of Australia = Deals with family law matters High Court of Australia = Highest court in the judicial system Federal Court of Australia = Hears appeals from the Family Court Parliament = Makes laws</p> Signup and view all the answers

    What must happen for a Bill to become an Act of Parliament?

    <p>It must receive royal assent from the Governor-General.</p> Signup and view all the answers

    The Parliament in New South Wales is unicameral.

    <p>False</p> Signup and view all the answers

    What is a Bill?

    <p>A drafted law that has not yet been passed by parliament.</p> Signup and view all the answers

    What is the primary difference between common law and statute law?

    <p>Common law is created by judges, while statute law is made by parliament.</p> Signup and view all the answers

    Equity was developed to complement common law and provide more flexible remedies.

    <p>True</p> Signup and view all the answers

    What body of law applies when statute law does not exist?

    <p>Common law</p> Signup and view all the answers

    The legal system in Australia is primarily based on ___________ law and ___________ law.

    <p>common, statute</p> Signup and view all the answers

    Match the terms with their definitions:

    <p>Common law = Laws made by judges in higher courts Statute law = Laws created by parliament Equity = Body of law providing fair remedies Constitutional law = Fundamental principles guiding a country's governance</p> Signup and view all the answers

    Which of the following correctly describes the development of common law?

    <p>It originated from the decisions of judges ensuring uniformity across England.</p> Signup and view all the answers

    Statute law takes precedence over common law when both exist.

    <p>True</p> Signup and view all the answers

    William the Conqueror sent __________ around England to ensure disputes were settled uniformly.

    <p>Justices</p> Signup and view all the answers

    What does a referendum refer to?

    <p>A referral of an issue to the electorate for a vote</p> Signup and view all the answers

    Exclusive powers can be exercised by both state and federal parliaments.

    <p>False</p> Signup and view all the answers

    What are concurrent powers?

    <p>Powers held by both state and federal parliaments.</p> Signup and view all the answers

    Section 51 of the constitution specifies the legislative powers of the __________.

    <p>federal parliament</p> Signup and view all the answers

    Match the following types of powers with their definitions:

    <p>Exclusive Power = Powers exercised only by the federal parliament Concurrent Power = Powers held by both state and federal parliaments Residual Power = Matters on which states can legislate that are not constitutionally referred Legislative Power = The capacity to make laws</p> Signup and view all the answers

    Which of the following is an example of residual power?

    <p>Public transport</p> Signup and view all the answers

    In the case of Commonwealth v Tasmania, the Tasmanian Government's decision was upheld.

    <p>True</p> Signup and view all the answers

    What does Section 109 state about laws of the state and commonwealth?

    <p>If a state law is inconsistent with a federal law, the federal law will prevail.</p> Signup and view all the answers

    What was the outcome of the High Court's ruling regarding the dam construction?

    <p>The construction of the dam was stopped.</p> Signup and view all the answers

    The World Heritage Act 1983 (Cth) was passed by the state government.

    <p>False</p> Signup and view all the answers

    What section of the Constitution allows the federal law to override state law?

    <p>Section 109</p> Signup and view all the answers

    The High Court primarily deals with cases concerning the interpretation of the _______ Constitution.

    <p>Australian</p> Signup and view all the answers

    Match the following components of the government with their roles:

    <p>Legislature = Law makers Executive = Administers laws Judiciary = Interprets laws High Court = Constitutional issues</p> Signup and view all the answers

    Which body is responsible for administering the laws made by the Parliament in Australia?

    <p>The executive</p> Signup and view all the answers

    The separation of powers helps prevent the abuse of power in government.

    <p>True</p> Signup and view all the answers

    What is considered one of the cornerstones of democracy regarding government structure?

    <p>The independence of the judiciary</p> Signup and view all the answers

    What role do Aboriginal people have concerning their land?

    <p>Custodians of the land</p> Signup and view all the answers

    Kinship refers only to immediate family relationships in Aboriginal cultures.

    <p>False</p> Signup and view all the answers

    What is a sanction in the context of Aboriginal law?

    <p>A penalty imposed on those who break the law.</p> Signup and view all the answers

    Elders often intervene in decisions related to enforcing the law and applying _____ when sacred law is broken.

    <p>sanctions</p> Signup and view all the answers

    How are customary laws traditionally passed down?

    <p>By word of mouth and ritual</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Mediation = Alternative dispute resolution through discussion Mitigation = Making the severity of an offence milder Sanction = Penalty for breaking the law Custodian = Guardian or caretaker of the land</p> Signup and view all the answers

    Formal judicial processes are typically used in resolving disputes under customary law.

    <p>False</p> Signup and view all the answers

    What is one example of a punishment that might be imposed under customary law?

    <p>Exile</p> Signup and view all the answers

    Study Notes

    Sources of Contemporary Australian Law

    • Australian law originates from common law, statute law, and constitutional law.
    • Common law consists of court-created laws based on judicial decisions and precedents.
    • Statute law is enacted by parliament and represents formal legislation.
    • Constitutional law outlines the framework for governance and legal authority in Australia.

    Common Law

    • Developed in England, common law is the legal system adopted by Australia upon British colonization in 1788.
    • Judges rely on common law principles only when relevant statute law is absent.
    • In cases of conflict, statute law prevails over common law.
    • Common law evolved from judicial decisions influenced by tradition, customs, and precedents.

    Equity

    • Equity provides remedies that complement common law, focusing on fairness and justice.
    • Developed because strict common law procedures often led to unjust outcomes.
    • Equitable remedies are especially necessary in complex cases where monetary compensation is insufficient.

    Family Court of Australia

    • Established in 1975 to handle intricate family law issues, including divorce, parenting orders, and property division.
    • Can hear appeals from federal magistrates and individual Family Court judges.

    High Court of Australia

    • Formed in 1901 under section 71 of the Australian Constitution, it's the Supreme Court of the judicial system.
    • It addresses appeals from lower courts and interprets the Constitution.

    Statute Law

    • Statute law is created by parliament and is also known as legislation or Acts of Parliament.
    • The Australian Constitution delineates the law-making powers of state and federal parliaments.

    Role and Structure of Parliament

    • Parliament comprises elected representatives responsible for debating, amending, and passing legislation.
    • The New South Wales parliament is bicameral, consisting of the Governor, Senate, and House of Representatives.

    Legislative Process

    • A new law proposed in parliament is called a Bill.
    • Passing a Bill involves multiple readings and requires approval from both Houses and the Governor-General to become an Act of Parliament.

    Division of Powers

    • Sections 51-60 of the Constitution specify legislative powers between Commonwealth and State parliaments.

    Legislative Power

    • Legislative power refers to the authority to create laws, shared by the Commonwealth and states under Section 51.

    Concurrent Power

    • Concurrent powers are shared by both Commonwealth and state parliaments over areas like education, health, and taxation.

    Exclusive Power

    • Only the Commonwealth can exercise exclusive powers as defined by Section 52, covering areas such as external affairs and national defense.

    Residual Power

    • Residual powers are reserved for states, covering matters not specified in the Constitution.

    Commonwealth v Tasmania (1983)

    • The case involved a conflict over a hydroelectric dam proposal and the protection of a World Heritage site.
    • The High Court ruled that federal law (protecting heritage sites) supersedes conflicting state law, referencing Section 109 of the Constitution.

    Separation of Powers

    • Comprises the legislature (parliament), executive (government), and judiciary (courts), ensuring checks and balances in government.
    • Protecting the judiciary's independence is essential for democracy and the rule of law.

    Role of the High Court

    • Essential for interpreting constitutional matters and ensuring the validity of laws.

    Indigenous Law and Custodianship

    • Aboriginal peoples are viewed as custodians of the land, signifying a deep connection with their history and culture.
    • Customary laws, passed down orally, govern relationships, rituals, and community responsibilities.

    Mediation and Sanctions

    • Elders serve as mediators in disputes and apply sanctions for breaches of customary laws.
    • Sanctions vary from fines to severe forms of punishment, like exile or death.

    Relevance to Contemporary Australian Law

    • Elements of customary law are integrated into modern Australian law, influencing environmental policies and dispute resolution.
    • Aboriginal traditions may be considered during legal proceedings to mitigate sentences based on cultural practices.

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    Description

    Explore the foundations of Australian law, including common law, statute law, and constitutional law. Discover how these legal sources have shaped the current legal system, drawing influence from British law since 1788. Test your knowledge of the evolution and application of these legal principles in Australia.

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