List and briefly discuss two disadvantages of precedent

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Reference no: EM132317586

Identify and apply the legal framework Short Answer Questions -

1. List the three levels of law makers in Australia and then provide three services that each level have the power over and are responsible for providing these services to the public.

2. Under Australia's Constitution, the judiciary is independent from the other arms of government. The Constitution establishes the High Court of Australia and empowers parliament to create other federal courts. Each state and territory has their own laws and court system. Explain the purpose of each of the following:

a. Administrative Appeals Tribunal

b. Supreme Court of Queensland (or your own State or Territory)

c. Fair Work Commission

d. Family Court of Australia

e. Federal Circuit Court of Australia

f. High Court of Australia

g. QCAT

h. National Native Title Tribunal

3. Use your knowledge of the law making process to explain the six (6) steps for passing a bill in Federal Parliament.

4. List and briefly discuss two (2) disadvantages of precedent.

5. Discuss the significance of the following parts of a statute.

a. Act Number Act Number

b. Definitions

c. Sections

d. Chapters

6. Discuss each of the following common law statutory interpretations.

a. Literal Rule

b. Golden Rule

c. Mischief Rule (Purposive Approach)

7. List the seven (7) steps a civil proceeding follows through Australia's civil law system.

8. Briefly provide the definitions/meaning for the following legal terms:

a. Westminster System

b. Ombudsman

c. Royal Commission

d. Actus reus

e. Bail

f. Civil law

g. Contempt of court

h. Standard of proof

9. There are many people involved in the Australian Court/Justice system. Explain the roles/functions/definitions of the following:

a. Accused/Defendant

b. Judge's Associate

c. Barrister

d. Law Clerk

e. Baliff (QLD)

f. Solicitor

g. Coroner

h. Duty Solicitor

i. Informant

j. Police Prosecutor

k. Respondent

l. Registrar

m. Aggrieved

n. Arresting Officer

o. DPP Prosecutor

p. Watch house Keeper

q. Deceased

r. Court Support Worker

10. What does the acronym UCPR stand for?

11. What Courts require adherence to UCPR ?

12. Proceed to Queensland Courts website and provide the correct Legislation AND form number to be used in the following circumstances:

a. Application for a domestic violence protection order

b. Application for bail in the Supreme Court

c. Preparing a summons to a witness

13. SCENARIO -

Oliver has attended the Melbourne Cup Day at Doomben Race Course (Queensland) and has had a few beers. Oliver gets involved in a bit of brawl with some other people and the Queensland Police Officer has given him a Notice to Appear for public nuisance.

It says he is required to attend Brisbane Magistrates Court 1 at 8.30am in 21 days' time.

Sam, one of Oliver's mates has also got a Notice to Appear for public nuisance and he is to appear on the same date and time and court as you.

They both have been given a Notice to Provide Identifying Particulars by the Queensland Police Officer as well.

Answer the following questions about this scenario:

14. What is a Notice to Provide Identifying Particulars for AND under what legislation provides the power for Police to issue this Notice?

15. Oliver makes a call to Legal Aid for some help in pleading guilty. Oliver just wants it finished and is sorry for his actions. Legal Aid tell him to just plead guilty online. Oliver thinks this is awesome. He gets online and goes to Queensland Courts website as he was told.

a. Can Oliver plead guilty on line to Public Nuisance?

b. Name two other offences that can also be finalised by way of plea of guilty on line?

c. Oliver sees he will have to pay an offender levy, what is an offender levy and how much will Oliver have to pay?

16. Sam does not want to plead guilty. He is furious and thinks that he should not have been charged. He walked into Legal Aid office and tells them this and Legal Aid tell him that they won't represent him as he doesn't meet the criteria for representation but they do give him a publication about being charged with an office in a Magistrates Court. Sam reads this.

a. Outline what steps Sam will have to go through up and until the trial date for the charge?

b. After Sam reads the police evidence he can see that he is guilty and is too embarrassed to go back to court and he just wants to forget about it and pretend it didn't happen. He feels so guilty and gets depressed about it, to the point where his GP puts him on anti depressentss. Therefore, Sam does not appear at the next court date. The Police Prosecutor then asks the Magistrates to hear the matter ex-parte.

What does ex-parte mean?

c. List the correct Section of the Justices Act 1886 that provides the authority to hear and determine this minor charge in the absence of a defendant.

17. Both Oliver and Sam receive a fine by the Magistrate. Oliver gets fined 2 penalty units and Sam gets fined the maximum penalty units. State the section, the legislation and how much one penalty unit is under this legislation and then calculate the actual fine amount for both Oliver and Sam. Don't forget to add the offender levy

18. Both Oliver and Sam choose to refer their fines to SPER. Explain what this acronym stands for and what its purpose is?

19. Referring to sentencing principles, explain why you think Oliver received a lesser fine that Sam. Name the section and the legislation that the Magistrate would have used in considering the penalty?

20. Sam then gets his fine and is so upset and wishes he had gone now and he gets more depressed about it and his sister takes him to a lawyer who says that Sam can get the matter reopened or reheard by the Magistrate Court if he wants to and tells him the fine is a bit over the top and he should tell the court his story about why he didn't turn up. He gives Sam the appropriate Form to complete (Annexure A). Complete this form for Sam making up the required details, however, it is Section 13 that will be marked for this assessment. What are the grounds for your application?

21. If the Magistrate refuses Sam's application to rehear/reopen, what court will Sam be able to appeal?

22. This decision through and how long does he have to put in his appeal application?

Reference no: EM132317586

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