Set 7

What is the Federal Court’s original jurisdiction? (Court Hierarchy – Federal)

Single justice hears federal law disputes.

How many justices man the Federal Court’s Appellate jurisdiction (Court Hierarchy – Federal)

Three

What is the Family Court’s original jurisdiction? (Court Hierarchy – Federal)

Single justice hears family law disputes

How many justices man the Family Court’s appellate jurisdiction? (Court Hierarchy – Federal)

Three

How are criminal cases cited at trial? (Case Citations)

R v Accused

When can judges make law? (Judge-Made Law)

When no statute or precedent exists, judges create law to resolve the dispute.

What are questions of fact? (Judge Decisions)

Issues about the truth of allegations

What are questions of law? (Judge Decisions)

Questions a judge must answer involving the interpretation or application of the law

What is ratio decidendi? (Judge Decisions)

the binding legal reason for a court’s decision.

What is obiter dictum? (Judge Decisions)

Judicial remarks made in passing; persuasive but not binding.

Give an example of ratio decidendi forming precedent. (Judge Decisions)

In Mabo (No. 2), the ratio was the establishment of native title.

What does stare decisis mean? (Doctrine of Precedent)

“To stand by things decided.” Lower courts must follow higher courts’ ratios.

What is a persuasive precedent? (Doctrine of Precedent)

A precedent that can guide but is not binding (e.g. from overseas or another jurisdiction).

What is the first condition of negligence? (Negligence)

Defendant owed the plaintiff a duty of care as their legal neighbour.

What is the second condition of negligence? (Negligence)

The defendant breached their duty of care by act or omission.

What is the third condition of negligence? (Negligence)

The plaintiff’s damage was directly caused by the breach and reasonably foreseeable.

Why is statutory interpretation necessary? (Statutory Interpretation)

Because statutory wording may be ambiguous or broad, requiring judicial clarification.

What is the golden rule? (Statutory Interpretation – Rules)

Judges avoid absurd results by departing from the literal meaning.

Give a case example of the golden rule. (Statutory Interpretation – Rules)

Adler v George (1964) – included being inside a prohibited place.

What is the mischief rule? (Statutory Interpretation – Rules)

Judges interpret statutes to address the mischief parliament intended to remedy.

Give a case example of the mischief rule. (Statutory Interpretation – Rules)

Bassell v McGuinness (1981) – drink driving applied to steering a towed car.

What does noscitur a sociis mean? (Latin Rules)

A word takes its meaning from the context of surrounding words.

Give a case example of noscitur a sociis. (Latin Rules)

R v Ann Harris (1836) – “stab, cut or wound” implied the use of a weapon, not biting

What does ejusdem generis mean? (Latin Rules)

general words take their meaning from specific words before them.

Give a case example of ejusdem generis. (Latin Rules)

R v Brislan (1935) – “other like services”

How does precedent apply to statutory interpretation? (Doctrine of Precedent)

Superior courts’ interpretations bind lower courts in the same hierarchy.

Give an example of a closed definition. (Statutory Guidance)

Cattle in the Criminal Law Consolidation Act 1935 is clarified as horse, mule, camel, pig

What is external guidance in statutory interpretation? (Statutory Guidance)

Acts Interpretation Acts in Cth and states provide general guidance for all statutes.