REVISION+SHEET-+UNIT+3+SAC+3

1 What is common law? Explain the background of common law. 2 Why is common law binding? 3 What are superior courts of record? 4 Why do you think the court hierarchy is relevant to the judges’ ability to make law? 5 How can courts make laws? 6 How are judges restricted from making laws through the courts? 7 Define a precedent. 8 ‘Judges following the reasons for decisions of higher courts is at the heart of the doctrine of precedent.’ Explain this statement. 9 Why does law-making through courts usually only occur when a case is heard on appeal? 10 What is the principle of stare decisis and how is it important to the doctrine of precedent? 11 Why are some precedents binding and some precedents persuasive? Explain. In your explanation, identify what factors a judge must take into account when deciding if a precedent is binding and what constitutes a persuasive precedent. 12Explain the difference between ratio decidendi and obiter dictum. 13 Which parts of a decision are not part of the reason for the decision? 14 How can the ratio decidendi of a case be found when there is more than one judge? 15 How did the Shaddock case follow the obiter dictum of the Hedley Byrne v. Heller case? 16 What occurs when a court disapproves a previous decision? 17 Explain the ability of judges to make laws and the operation of precedent. 18 In what way can a court influence changes in the law made by parliament? Give an example. 19 How did the Wrongs (Animals Straying on Highways) Act 1984 (Vic.) abrogate the decision reached in the Trigwell case? 20 ‘Common law meets the changing needs of the community.’ To what extent do you think this statement is true in relation to the doctrine of precedent? Discuss. 21 What is statutory interpretation? 22 How can judges make law when they are interpreting an act of parliament? 23 Explain the difference between extrinsic and intrinsic materials that may be used by courts when interpreting acts of parliament. Give an example of an extrinsic material and an intrinsic material used in interpreting acts of parliament. 24 Explain two reasons for the need to interpret statutes. 25 Explain three possible effects of statutory interpretation. 26 ‘The decision of a court is the final statement of law on a particular issue.’ To what extent is this statement true? Discuss. 27 What is the meaning of ex post facto? 28 What has occurred if there is a dissenting judge? 29 Explain two disadvantages of judge-made law. 30 What is judicial conservatism and how does this affect statutory interpretation? 31 Courts can change the law quickly when a case comes before them, but how are they restricted in the law-making process? 32 Choose a case which has created a legal precedent, for example, Grant v. Australian Knitting Mills, and discuss the strengths and weaknesses of courts as law-makers in relation to that case. 33 Analyse the impact of courts in law-making. 34 Why may law made by parliament be dependent on the courts? 35 How may law-making by courts be dependent on a previous law made by parliament? 36 How do courts fill in the gaps left by parliament when law-making? 37 Why might parliament decide to abrogate court-made law? 38 How can courts influence the parliament to change the law? 39 Why can the creativity of the courts lead to a change in the law? Explain with the help of an example. 40 ‘Courts can change how an act is applied.’ To what extent is this statement true? Discuss. 41 Describe the nature and importance of the operation of courts as law-makers. 42 A writer in a legal journal once wrote, ‘Courts have had no influence on the laws made in Australia. We don’t need them as law-making bodies’. Do you agree with this statement? Justify your reasons. 43 Discuss the relationship between parliament and courts as law-making bodies. ß 44 To what extent are judges able to make law? Discuss. 45 Explain the doctrine of precedent.