Question 1:

Discuss the differences between the Common Law system (as we have in Australia) and the Civil Law system (as found in Western Europe).

Question 2:

Explain the 'Doctrine of the Separation of Powers'.In your answer, state any sections of the Constitution that you believe to be relevant.

Question 3:

Based on the 'Doctrine of the Separation of Powers', which particular power is being exercised in each of the following scenarios?

(a)The Prime Minister signs a document which establishes a free trade agreement between Australia and China.

(b)All members of the Upper House vote "yes" to a Bill that will see the introduction of compulsory army training (for 6 months) for all Australians when they turn 18.

(c)Lionel (who used to be a Minister in the Federal Government) hands down a decision in the High Court of Australia, where he is currently the Chief Justice.

Question 6:

Malcolm owes Angus $85,000, but he refuses to pay. Angus decides to take the matter to court in Queensland. In which court would the matter be heard for the first time?Would the matter be heard as part of the Court's "original" or "appellate" jurisdiction?

Question 7:

What do the terms "Ratio Decidendi" and "Obiter Dictum" mean, and how are they different?

Question 8:

(a)Is the ratio decidendi of the Qld District Court binding on the Qld Magistrates Court?

(b)Is the obiter dictum of the Qld Supreme Court of Appeal binding on the Qld District Court?

(c)Is the ratio decidendi of the Qld Supreme Court binding on the NSW District Court?

Question 9:

What are the three main rules used to interpret statutes and how do they apply?