Legal Foundations
What is the Separation of Powers doctrine?
1. Judiciary - power to make judgements
2. Executive - put law into action
3. Parliament - power to make/ change laws
What are the elements of a contract?
1. Agreement.
2. Intention.
3. Consideration.
What does ADR stand for?
Alternative Dispute Resolution.
What are the two branches of civil law?
Contracts & Torts.
Define Known and Understood
Laws must be written clearly so that they are easily understood
Public must know about it
Should be in plain English
Define Division of Powers?
1. Residual powers
2. Concurrent powers
3. Exclusive powers
What is the difference between express and implied obligations?
Express = Clearly written and identifiable terms between parties.
Implied = A part of all contracts, which are not necessarily written into each contract.
Where do people attend ADR?
The Queensland Civil & Administrative Tribunal.
What is the burden of proof in civil law matters?
The burden is on the Plaintiff, who must prove their accusation is true.
What does is mean by laws must be adaptable
Laws must be flexible enough to change in order to keep up with the changes in society
What is Authoritative sources of law?
statues - parliament
common - judges
Explain an example of duress, as a way to validly terminate a contract?
When a party is threatened or actually application of violence towards a party in order to induce them to enter into a contract.
What are two common types of ADR?
Mediation & Arbitration.
What is the standard of proof in civil law matters?
Balance of probabilities.
Define consistent and stable
-Although laws should reflect changes in society, continual alterations lead to confusion
What was the case that made way for the Indigenous to gain back some of their rights?
Mabo v QLD (1992)
What are two basic implied consumer guarantees?
1. The good will be of acceptable quality.
2. The goods will conform to the description given by the seller.
Explain the mediation process.
A voluntary process, where an independent mediator works with both parties to reach a non-binding agreement, in an informal atmosphere.
Explain the standard of proof.
A fact is proved to be true if its existence is more probable than not.
How can laws be enforceable?
Laws should be capable of being enforced; otherwise they will be ignored by society and lose their effectivness
What is historical sources of law?
-British legal system
-Magna Carter
-Indigenous Customary Law
-Bible
Explain the most common remedy for a breach of contract.
Damages are a compensatory amount of money awarded to the plaintiff.
Explain the arbitration process.
A process where disputing parties select an independent person to act as a judge, who will listen to both side of the issue, and reach a legally-binding decision.
What is the hierarchy of QLD civil courts (all 6).
1. Queensland Civil & Administrative Tribunal.
2. Magistrates Court - civil jurisdiction.
3. District Court - civil jurisdiction.
4. Supreme Court Trial Division - civil jurisdiction.
5. Supreme Court Appellate Division - civil jurisdiction.
6. High Court.
What does it mean by laws must be supported?
Society must support laws or they will lose their effectiveness