Module 2

Question 1

Politicians

Answer 1

members of parliament, work with the legislative branch of government to create legislation / statute law (enacted law)

Question 2

Judges

Answer 2

members of judicial branch of government create the common law with their case judgements (unenacted law)

Question 3

Names for legislature

Answer 3

legislation
statute law
acts of parliament
enacted law

Question 4

Shared power

Answer 4

where there is a shared power between the federal government and state governments the federal ruling overrides state governments

Question 5

The legislation process

Answer 5

Bill > relevant minister receives approval from cabinet > bill drafted for presentation to parliament > both houses have to pass the bill > royal assent from governor general

Question 6

Judges hold office until

Answer 6

70 years of age

Question 7

The role of the courts in law making

Answer 7

judges indirectly create law with decisions they make to resolve cases however hold no direct authority

Question 8

Equity

Answer 8

origins in being fair and just ‘equitable remedy’ for an injunction = when you want something to stop instead of damages

Question 9

Donghoue v Stevenson [1932] ACT 562

Answer 9

A product manufacturer owes a duty of care to consumers of their products and they will be held liable for negligent actions that cause injury / harm to this class of persons.

Material facts: a manufacturer of ginger beer supplied a product which caused injury / harm to a consumer

The legal rule applied to them: a party must not breach a duty of care owed to others in their proximity by engaging in negligent conduct that is likely to cause them harm.
(This was applied by the house of lords)

Question 10

Binding precedent

Answer 10

the court is required to follow the precedent