SOURCES OF LAW

A major argument against judges being actively involved in reforming the law via common law is that:

• judges, unlike parliaments, are not elected and representative bodies
• judges are able to undertake detailed research into areas of particular interest to the judge
• the primary role of the courts is to adjudicate cases, not to change the law
• some areas of law are more appropriately developed by common law than statute

The term ‘common law’ means:

• the rules of law that are so common to all legal systems
• those laws that are commonly applied through the courts
• rules of law made by the judges
• rules of law applying throughout Western countries

What is a law called before it is passed?

• A bill
• A note
• A parcel
• A veto

Where does the bill go once one house votes YES?

• To the other house to be voted on
• To the president to be signed
• To the vice president to be looked over
• To the people of America to be voted on

How can the legislative branch get their law passed if the president vetoed it?

• All of them have to vote to pass the law
• 2/4 of them have to vote to pass the law
• 2/3 of them have to vote to pass the law
• They ask the president to reconsider

Will legislation override common law?

• Yes, the Commonwealth Interpretation of Common Law Act makes this clear.
• No, common law and statute law are distinctly different forms of law.
• Yes, where there is a conflict between statute law and common law, statute law will prevail.
• No, where statute law and common law conflict, common law will prevail.

A precedent is:

• a law made by parliament

• when parliament uses previous laws to draft new laws

• when a judge refers to the sanctions of judges in past cases to determine an appropriate sanction in the case before them

• where a decision of a court in an original case establishes a legal principle that may be applied to future cases

What is a bill?

• An animal
• A proposed law
• A person
• An approved law

According to the rules of statutory interpretation, if the language of a statute is clear and unambiguous, the judge must apply the plain meaning of the law.

• True

• False

According to the rule of "expressio unius est exclusio alterius", if the law reads "this tax shall apply to Mercedes, Range Rovers and Porsches", then that law should automatically be extended to include

• bicycles

• Ford vehicles

• Chrysler vehicles

• None of the above