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Cards In This Set
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What is the difference between Common law and Civil Law?
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Common Law:
Relies on judge made law and legislation Relies on legal practitioner's skills in representing each party A judge guides proceedings and keeps practitioners in line Civil Law; Judges question witnesses, challenge evidence and direct investigations Code is interpreted No jury |
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What relation does the Australian constitution have to Aviaiton?
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As the Australian constitution was created before the events of the wright brothers, aviation was not considered in the document. S51 of the constitution allowed the regulation of external affiars which ratified the treaty of the paris convention.
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What is Terra Nullius?
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Term given to a body of land that is considered uninhabited and uncultivated with no government law
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What are the three powers of the Constitution?
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The legislature - Legislative power
The Judiciary - Gives the high court power to decide which laws are legal according to the constitution.(also interpret and enforce the law). The executive - Power to implement laws |
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What are Concurrent Powers?
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Legislative powers that are neither exclusively federal or state powers. Shared between the two
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What are the different court monetary brackets?
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QCAT up to $7,500 with small offences
Magistrates court up to $150,000 District court $150,000 - $750,000 Supreme court above $750,000 |
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Where would the hearing of a residential tenancy dispute be held?
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Queensland civil and administrative tribunal
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Where would a domestic violence, shoplifting, or disorderly behaviour case be heard?
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Magistrates court
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Where would a case of armed robbery or rape be heard?
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District court
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Where would a case of manslughter or murder be heard?
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Supreme court
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If not satisifed with the handling of their matter in the district court, an individual can appeal their case to the ________ court and then even further to the _________ court.
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Magistrates, Supreme
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What is a case example of a breach of contract?
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QANTAS vs. Rolls Royce
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What is a case example of a stranger to contract?
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Fosbroke-Hobbes v Airwork Ltd and British American Air Services
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What are the four different validity classifications for a contract?
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Valid contract - Contains all essential elements
Void contract - No contract and has no legal effect Void ab initio - Void from outset, has no legal effect Voidable - Has deficiency which can be voided |
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What are the six elements of a contract?
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Intention to create legal intentions
Agreement - offer and accpetance Consideration Legal capacity of parties Genuine consent Lawfulness of the activity |
