Quick Notes for exam

Chapter 2

 Common law could grow but however was restricted by matters as courts don’t want to
intervene to change laws when it was the parliaments decisions
 Equity Law supports common law when common law couldn’t explain a concept. Common
law just recognize owners whereas equity recognized the beneficiaries
 Before there were a common law court and equity court but now combined together
 The Doctrine of Binding Precedent denotes that each lower tier of court must accept
decisions with loyalty of higher courts
 Ratio Decidendi is that part of the decision that is binding or persuasive and any statement
that is not in form is known as obiter dicta
 Res Judicata is once a matter has it been heard it cant be raised again by the same party
 Federal Courts derive their authority from the constitution
 The highest court in each state or territory is the Supreme court
 Supreme- Intermediate -Lower courts
 Tribunals exercise non-Judical Powers but nonetheless significant powers
 Criminal cases are usually instituted by the crown on behalf the state

Chapter 3

 Legislation is the formal declaration of legal rules by parliament and people or bodies
authorized by parliament. It is underpinned by the constitutional head of power and cant be
overwritten
 The Judical Process is inferior compared to common law( non equip for immediate response,
dependent on case being brought to court, it can alter or repel large existing laws, it cant
formulate policy
 Australia parliament institution is closely followed against the westminister system
 The house of representatives is the lower house – providing equal representation of people
in Australia
 The Senate is the upper house which is the symbol of the unions and equality of the states.
They also act as the house of reviews(76 senators 12 for each state and 2 for each teriitory)
 The legislative Process is the process of forming new laws through 3 readings in each house
and royal accent(governor general reveals it )
 If senate refuse bill, lower house can introduce it again in 3 momnth, if rejuect again
governor general intervenes and calls an election
 The courts have authority to determine the meaning of legislation
 Techniques of interpretation is making it shorter by act cwlth act
 Extrinsic material is the process of courts only having legislations and no other materials
when interpreting the legislation
Chapter 4

 The function of the executive government is to administer and enforce laws enacted by
parliament
 The federal Executive Council is a formal advisory body which also has substantial powers to
make laws under powers delegated by government . They contain all the ministers but the
cabinet contains all the senior ministers
 Through the delegation of legislation power a body other than parliament can make laws
 Reforming delegated legislation brings two problems which are democratic principles and
administrative efficiencies
 The ombudsman is a public watchdog appointed by parliament to check for administrative
abuse
