Law Revision Questions

Front 1

Rule of law is connected to which concept withinthe Australian Constitution

Back 1

Seperation of powers

Front 2

What are the four main sources of law inAustralia?

Back 2

Common law,

equity,

legislation,

delegated legislation.

Front 3

What are the four methods of dispute resolution?

Back 3

Mediation, Arbitration,Negotiation, Facilitation.

Front 4

What are the two types of law?

Back 4

English common law & Statute law

Front 5

Which source of law underpins the concept offairness

Back 5

EQUITY

Front 6

Please define the term ‘tort’

Back 6

A tort is a civil wrong with the remedy ofunliquidated damages.

Front 7

Acts of parliament are also referred to as?

Back 7

STATUTES

Front 8

In a criminal case … beyond reasonable doubt. Ina civil case proving the law is based on

Back 8

Balance of probabilities

Front 9

What specific purpose does an ‘enabling act’serve?

Back 9

In empowers statutory authorities with theauthority to make laws.

Front 10

The term tort is a general heading for a numberof legal actions

Back 10

Negligence, slander,trespass, deceit.

Front 11

Please name the four legal actions that can beapplied to the majority of all legal cases

Back 11

Prosecution,

breach of contract,

breach of tortuous duty,

breach of statutory duty

Front 12

The Australian Securities and Investment Commissioncreate and govern which area of law?

Back 12

Corporation Law

Front 13

What are the three key elements that a plaintiffmust prove in a tort of negligence

Back 13

That a duty of care owed,

there was a breach of the duty of care

and there was an actionable loss that was foreseeable

Front 14

What are the four main business structures?

Back 14

sole trader,

partnership,

joint venture,

company

Front 15

According to their validity what are the fivecategories that contracts can be classified under?

Back 15

Valid contract,

void contract,

voidable contract,

unenforceable contract,

illegal contract

Front 16

Pleasedefine the difference between an executed contract and an executory contract

Back 16

An executed contract is a contract where one party to the contract has performed its part if the bargain.

executory contract is one in which both parties to the contract have obligations still to be performed.

Front 17

When is a contract deemed to be valid?

Back 17

When all 6 elements are present and itsenforceable by law

Front 18

Contracts can be formed expressly or impliedlyor independently of the wishes of the parties. Which type of contract iscreated by the operation of law?

Back 18

QUASI

Front 19

What are the 6 essential elements required toform a contract?

Back 19

Form and or consideration,

Reality of consent,

Offer and acceptance,

Legality of object,

Intentions tocreate a legal relationship,

Capacity of the parties.

Front 20

Under the Sale of Goods Act, the three types ofgood which can be the subject of a contract are? (Provide a definition of thethree)

Back 20

Specified goods – inexistence and identifiable at the time of contract.

unascertained goods – notidentifiable at the time of contract.

Future goods – manufacturedby the seller after the contract is made

Front 21

Intellectual Property refers to a bundle ofrights that can be applied four categories. Please name them and provide anexample

Back 21

Copyright –photographs, scripts, songs

Patent –is right granted for a device, substance, method or process which is new

Trademark –is capable of distinguishing your good and services from similar goods in themarketplace

Design – theoverall appearance of a product. The visual features that form the designinclude: shape, configuration, ornamentation and pattern, which, when appliedto the product, give it a unique appearance.

Front 22

Provide an example of why a contract may beconsidered voidable

Back 22

If a party entered a contract undermisrepresentation, duress or while under the influence of drugs or alcohol.

Front 23

When would a contract be consideredunenforceable

Back 23

If all of the essentialelements were present but a technicality made it impossible for the contract tobe enforced

Front 24

When would a contract be considered illegal?

Back 24

When the object of the contract would beconsidered illegal under common or statute law.

Front 25

Unconscionable conduct, unfair practices,product safety come under the jurisdiction of which act?

Back 25

Consumer and Competition Act 2010 (Cwth)