Term
| What Are the two types of law? |
|
Definition
|
|
Term
| Describe the difference between Criminal andCivil law |
|
Definition
Criminal is against society.
Civil is a feud between people. |
|
|
Term
In a civil law case;
describe the difference between
Plaintiff and
Defendant |
|
Definition
| Plaintiffmakes the complaint, Defendantis defending themselves in regards to that complaint |
|
|
Term
The rule of law is connected to which concept within the Australian Constitution?
|
|
Definition
|
|
Term
| What are the 4 methods of despute resolution used instead of litigation? |
|
Definition
(F MAN!)
Facilitation
Mediation
Arbitration
Negotiation |
|
|
Term
| What are the 4 main types of law in Australia? |
|
Definition
(CELD!)
Common Law
Equity
Legislations
Delegated Legislation |
|
|
Term
| Which source of law underpins the concept of Fairness and Justice |
|
Definition
|
|
Term
| Acts of Parliament are also known as what? |
|
Definition
|
|
Term
| What specific action does an enabling act serve? |
|
Definition
| It empowers statutory athorities to create laws. |
|
|
Term
| What are the 3 key elements that a plaintiff must prove in an action of negligence? |
|
Definition
1- That a duty of care was owed to you
2- That there was a breach of duty of care
3- That there is an actionable loss that was forseeable |
|
|
Term
The term TORT is a general heading for a number of legal actions.
Name 4 key areas TORT can be applied to. |
|
Definition
(NSTD!)
[or N(o) STDS! thats what helps me remember it anyway]
Negligence
Slander
Tresspass
Deceit |
|
|
Term
| In a Criminal case, the prosecution must be able to prove that the law was: |
|
Definition
"Broken Beyond a reasonable Doubt"
|
|
|
Term
| In a civil law case, proving the law is based on? |
|
Definition
| The Balance Of Probabilities |
|
|
Term
| Name the 4 legal actions that can be applied to the majority of legal cases. |
|
Definition
(PBBB!)
Prosecution
Breach of contract
Preach of Tortuous Law
Breach of Statutory Duty |
|
|
Term
| What is the main difference between a Barrister and a Solicitor? |
|
Definition
| Solicitor builds the case whilst the Barrister pleads your case in court |
|
|
Term
| The Australian Security and Investment Commission (ASIC) create ad govern which area of law? |
|
Definition
|
|
Term
| What are the 4 main business structures? |
|
Definition
1- Sole Trade
2- Partnership
3- Company
4- Joint Venture |
|
|
Term
| According to their validity, what are 5 categories that contracts can be classified under? |
|
Definition
1- Valid Contract
2- Void Contract
3- Voidable Contract
4- Under Enforceable Contract
5- Illegal Contract |
|
|
Term
| Define the difference between and executed contract and execurity contract |
|
Definition
Executed - When one party has performed their part
Executory - When both parties have not completed their obligations |
|
|
Term
| Contracts can be formed expressively, impliedly or independently of the wishes of the partied by operation of law. Which type of contract is created by te operation of law? |
|
Definition
|
|
Term
| What are the 6 essential elements required to form a contract? |
|
Definition
(FROLIC!)
Form (Or Consideration)
Reality of Contract
Offer and Acceptance
Legality of object
Intention to create a legal relationship
Capacity of parties |
|
|
Term
| Under the Sale Of Goods Act, the 3 types of goods that can be the subject of a contract are? |
|
Definition
1- Specific goods
2- Unascertained goods
3- Future goods |
|
|
Term
|
Definition
| In existence and identifyable at the time of contract. |
|
|
Term
| Define " Unascertained Goods " |
|
Definition
| Not identifiable at the time that the contract was made. |
|
|
Term
|
Definition
| Manufactured by the seller adter the contract is made. |
|
|
Term
| IP (Intellectual Property) refers to a bundle of rights that can generally be put into 4 categories. Name those 4 Categories |
|
Definition
1- Copyrights
2- Patents
3- Trademarks
4- Design |
|
|
Term
| Provide an example of Copyright |
|
Definition
|
|
Term
| Provide an example of a Patent |
|
Definition
| A right granted for a device or process which is new |
|
|
Term
| Provide an example of a Trademark |
|
Definition
| Makes it possible to distinguish your goods and services from others. |
|
|
Term
| Provide an example of a Design |
|
Definition
| Overall appearance of your product (i.e. the designs visual features) |
|
|
Term
| When is a contract deemed to be valid? |
|
Definition
| It is enforceable by law when all of the six elements (FROLIC) are present. |
|
|
Term
| Provide an example of why a contract may be considered voidble |
|
Definition
| If a party enters a contract under misrepresentation, duress or under the influence of mind altering substances. |
|
|
Term
| When could a contract be considered uninforeable? |
|
Definition
If all elements are present but a technicality made it impossible to be enforces.
OR
If the contract required the assignment of copyright to be in writing and it was not. |
|
|
Term
| When could a contract be considered illegal? |
|
Definition
| When the object of the contract is to be considered illegal under common or statute law. (i.e. burglary, murder, e.t.c) |
|
|
Term
Unquestionable Conduct, Unfair Practices, Product Safety, Manufacturers and Importers Liability.
These come under the jurisdiction of which act? |
|
Definition
| The Consumer and Competition Act (2010) - Commonwealth |
|
|
