Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
21 Cards in this Set
- Front
- Back
|
Balfour vs. Balfour |
Promise to pay Mrs.Balfour £30/ month Got divorce Domestic agreement cannot be legally enforceable |
|
|
Cohen vs Cohen |
Promise to pay $100/ month for dress allowance Married 1918 divorce 1923 Stop paying Promised to a couple engage to be married |
|
|
Merritt vs Merritt |
Mr. Merritt cheated and left Mrs. Mrs pay the rest of the loan and Mr. "signed a letter" to transfer sole ownership. |
|
|
Taylor vs Johnson |
Unilateral mistake |
|
|
The Commonwealth Constitution is a |
Written document formally enacted as law |
|
|
Australian state constitutions |
Are written documents formally enacted as law |
|
|
A change to the Commonwealth Constitution requires |
The consent of Australian voters in a national referendum |
|
|
The Prime Minister of Australia is elected by |
The political party forming the government of the day |
|
|
The Prime Minister of Australia belong to this branch of government |
The executive |
|
|
The legislative power of the Cth is |
Only in relation to specific matters listed in the Cth constitute |
|
|
State law vs cth law |
Cth law |
|
|
The judges make |
Case, common or general law |
|
|
Forms of legislation |
An act, statute, by-laws or local laws |
|
|
The cabinet consist of |
The Prime Minister and top-ranking gov't miniter |
|
|
When does a Bill becomes an Act? |
After it recieve Royal assent |
|
|
Citation of an Act |
Name, year of enacted and legislature |
|
|
Judges creat new precedents |
1. declare the rule to be part of a law 2. clarifying ambiguity 3. extending the application of the law |
|
|
If the gov't wosh to amend an Act |
Enactment of legislation in the Cth parliament then seeking Royal assent |
|
|
A case coming before a court for the first time is known |
As an "original" hearing. |
|
|
Describe the doctrine of precedent |
Previous decisions of a superior court bind a lower court in the same court hierarchy if the material facts of the two cases are sufficiently similar. |
|
|
Ratio decidendi |
The specific rule of law the court has applied to the material facts of the case to arrive at its decision. |
