Chapter 1
1. What is Law?

Definition: Rules the state enforces to control behaviour—breaking them
means penalties like fines or jail.

Purpose:

o
Keep order (prevent chaos).
o
Ensure justice (fair outcomes).
o
Protect rights (e.g., property, speech).
Sources:
o
Laws from Parliament (statutes).
o
Judge-made rules (common law).
MCQ Trap: “Law equals morality?” No—law’s got legal bite; morality’s personal
belief.
Memory Aid: “Law = Rules with Muscle.”
2. Law vs. Morality

Law: State-set, binding—e.g., speeding ticket’s a must-pay, not a “feel bad.”

Morality: Personal values—e.g., lying might bug you but isn’t a crime.

Overlap: Some match—murder’s illegal and immoral; but tax evasion’s just
illegal, not always “wrong.”

Key Difference: Law needs enforcement (courts, cops); morality doesn’t.
Example: Stealing breaks law and ethics; parking overtime just breaks law.
Memory Aid: “L = Legal Teeth, M = Moral Choice.”
3. Categories of Law

Public Law: State vs. people.
o
Constitutional: Governs government—e.g., splits power between
Federal and States in Australia.
o
Criminal: Punishes—e.g., theft lands you in jail.
o


Administrative: Rules agencies—e.g., how tax office operates.
Private Law: Person vs. person.
o
Contracts: Enforces deals—e.g., you buy, they deliver.
o
Torts: Fixes wrongs—e.g., negligence pays damages.
o
Property: Guards ownership—e.g., your house title.
Criminal vs. Civil:
o
Criminal: State accuses, punishes (proof: beyond reasonable doubt)—
e.g., assault.
o
Civil: You sue, get compensated (proof: balance of probabilities)—e.g.,
breach of contract.
MCQ Trap: “Criminal law fixes harm?” No—civil does; criminal punishes.
Memory Aid: “Public = State Steps In, Private = You Sort It.”
4. Legal Systems

Common Law: UK/Australia style—judges build law via cases, past rulings
(precedents) guide.
o

Civil Law: Europe style—big written codes, less judge-made law.
o

Flexible, evolves—e.g., negligence rules grew from old cases.
Rigid, predictable—e.g., France’s Napoleonic Code.
Australia’s Mix: Common law roots + growing stack of statutes.
MCQ Trap: “Aus is pure common law?” No—statutes dominate now.
Example: UK gave us precedent; Parliament gave us consumer laws.
Memory Aid: “Common = Judges Grow It, Civil = Codes Lock It.”
5. Law and Business

Why It Matters: Laws frame business—contracts bind deals, torts cover
screw-ups, statutes set rules.

Examples:
o
Contracts: Sign a supply deal—law enforces it.
o
Torts: Sell dodgy goods—pay for harm.
o

Statutes: Fair trading laws stop rip-offs.
Big Picture: Law balances freedom (trade as you like) and control (no
cheating).
MCQ Trap: “Business law is just contracts?” No—torts, property, statutes too.
Memory Aid: “Business = Law’s Playground.”
6. Key Terms

Jurisprudence: Fancy word for studying what law is—philosophy of rules.

Precedent: Old case rulings steering new ones—core of common law.

Enforcement: What makes law law—state power (courts, police).

Rights: Stuff law protects—e.g., owning land, not getting sued unfairly.
MCQ Trap: “Precedent’s in civil law too?” Not really—common law’s thing.
Memory Aid: “J-P-E-R = Jurisprudence, Precedent, Enforcement, Rights.”
Quick Distinctions (MCQ Gold)

Law vs. Morality: Enforceable vs. optional.

Public vs. Private: State-involved vs. person-to-person.

Criminal vs. Civil: Punish vs. pay.

Common vs. Civil: Judge-made vs. code-based.
Test Tips

Watch Wording: “Always” or “never” in options? Likely wrong—law’s
nuanced.

Examples: Know one per category—e.g., theft (criminal), negligence (tort).

Proof: Criminal = “beyond doubt”; Civil = “probably.”
Chapter 2
1. What is Common Law?

Definition: Law built by judges through court decisions—grows case by case.

How It Works: Past rulings (precedents) shape future ones—flexible but slow.

Vs. Statutes: Judges fill gaps where Parliament hasn’t—e.g., negligence
wasn’t a law until courts made it.
MCQ Trap: “Common law’s from Parliament?” No—judges, not lawmakers.
Memory Aid: “Common = Judge-Crafted.”
2. Court Hierarchy (Australia)

Top Tier:
o
High Court: Apex—handles big appeals, constitutional disputes (e.g.,
power splits).


Middle Tier:
o
Federal Courts: Federal issues—e.g., tax, trade (Federal Court).
o
State Supreme Courts: Serious crimes, big civil cases—e.g., murder
trials.


Appeals go up from here.
Lower Tier:
o
Magistrates/Local Courts: Small stuff—petty crimes (shoplifting),
minor disputes (under $100k).


Final say, binds all below.
Quick, no jury usually.
Specialist Courts: E.g., Family Court (divorce), Land Court (property fights).
MCQ Trap: “High Court hears petty theft?” No—Magistrates do.
Memory Aid: “High-Fed-State-Low = Top to Bottom.”
3. Precedent: The Backbone

Definition: Rule from a past case that courts follow—keeps law consistent.

Types:


o
Binding: Must follow—same court level or higher in same system (e.g.,
High Court binds all).
o
Persuasive: Can consider—different jurisdiction or lower court (e.g.,
UK ruling in Aus).
Parts of a Case:
o
Ratio Decidendi: Core reasoning—binds future cases.
o
Obiter Dicta: Side comments—interesting, not binding.
Breaking Precedent: Higher court overrules (e.g., High Court flips old rule).
MCQ Trap: “Obiter binds?” No—ratio does.
Example: Donoghue v Stevenson—ratio set duty of care; obiter mused on broader
stuff.
Memory Aid: “B-R-O = Binding, Ratio, Obiter.”
4. Judicial Role

Standard Job: Interpret laws, apply precedents—not make new ones.

Judicial Activism: Judges push boundaries, create law—e.g., Mabo v
Queensland (No 2) (1992):
o

Threw out “terra nullius,” gave native title—big shift, no statute needed.
Vs. Restraint: Stick to the script—let Parliament lead.
MCQ Trap: “Judges always make law?” No—usually just refine it.
Memory Aid: “Activism = Judges Bold, Restraint = Judges Hold.”
5. Key Case: Donoghue v Stevenson (1932)

Facts: Snail in ginger beer—sick customer sued maker.

Ruling: Set “duty of care”—you’re liable if harm’s foreseeable.

Impact: Birth of modern negligence law—huge for torts, business liability.
MCQ Trap: “Donoghue sued the café?” No—manufacturer.
Memory Aid: “Snail = Duty Born.”
6. Common Law in Action

Strengths: Adapts—e.g., negligence grew as society did.

Weaknesses: Slow, patchy—can’t fix big issues fast (statutes win there).

Business Link: Protects via torts (e.g., negligence claims) but needs statutes
for speed (e.g., consumer laws).
MCQ Trap: “Common law’s instant?” No—statutes are quicker.
Example: Duty of care helps sue dodgy suppliers—common law clutch.
Memory Aid: “Common = Slow but Sure.”
7. Key Terms

Precedent: Past ruling steering now—binding or persuasive.

Ratio: Decision’s heart—must follow.

Obiter: Extra thoughts—can ignore.

Hierarchy: Court levels—higher rules lower.

Activism: Judges as lawmakers—rare but real.
MCQ Trap: “Persuasive = must follow?” No—optional.
Memory Aid: “P-R-O-H-A = Precedent, Ratio, Obiter, Hierarchy, Activism.”
Quick Distinctions (MCQ Gold)

Common vs. Statute: Judge-made vs. Parliament-made.

Binding vs. Persuasive: Must vs. maybe.

Ratio vs. Obiter: Core vs. chatter.

Activism vs. Restraint: Create vs. apply.
Test Tips

Court Levels: Know one case per tier—e.g., Mabo (High), petty theft
(Magistrates).

Precedent: “Binding” means same system—watch jurisdiction tricks.

Cases: Donoghue = negligence; Mabo = activism—don’t mix up.
Chapter 3
1. What is Statute Law?

Definition: Laws made by Parliament or its delegates—rules with state
backing.

Why It Rules: Fast, broad—beats common law’s slow grind for modern
needs.

Vs. Common Law: Parliament writes, judges just polish—statutes lead today.
MCQ Trap: “Statutes are judge-made?” No—Parliament’s gig.
Memory Aid: “Statute = Parliament’s Pen.”
2. Federal Parliament Setup

Parts:
o
House of Representatives: “People’s House”—151 electorates,
roughly equal voters.

o
Senate: “States’ House”—12 Senators per State, 2 per Territory.

o

Majority party forms government, picks PM—drives policy.
Protects small States, reviews bills—can block.
Governor-General: King’s stand-in—signs bills into law (assent).
Roots: Magna Carta (1215)—King had to consult nobles; grew into
Westminster supreme power.
MCQ Trap: “Senate picks PM?” No—House does.
Memory Aid: “H-S-G = House, Senate, Governor.”
3. Making Laws

Steps:
o
Idea: From policy, departments, courts, lobby groups—turns into a Bill.
o
Three Readings: Both houses—House then Senate:
1. 1st: Intro, no debate—just read.
2. 2nd: Debate big ideas—does it work?
3. 3rd: Final tweaks, vote—pass or fail.
o
Royal Assent: Governor-General signs—Bill becomes Act.

Blockage: Senate says no? Wait 3 months, retry. Still no? Double dissolution
(election), maybe joint sitting.

Start Date: Set in Act, proclaimed, or 28 days post-assent.
MCQ Trap: “Assent’s optional?” No—must happen.
Memory Aid: “I-R-A = Idea, Readings, Assent.”
4. Power Split: Fed vs. State


Types:
o
Exclusive: Feds only—e.g., customs (s. 90), territories (s. 122).
o
Concurrent: Both can—39 areas (s. 51, e.g., marriage, corporations).
Fed wins clashes (s. 109).
o
Residual: States’ leftovers—e.g., health, crime, education.
Limit: Feds stuck to s. 51’s 39 heads—beyond that, States rule.
MCQ Trap: “Education’s Federal?” No—residual, State.
Cases:

Tasmanian Dam (1983): External affairs power stopped dam—Fed flexed.

Communist Party (1951): Defense power didn’t ban party—Fed overreached.
Memory Aid: “E-C-R = Exclusive, Concurrent, Residual.”
5. Delegated Legislation

What: Rules made by non-Parliament folks (e.g., ministers) under an Act.

Why: Saves time—Parliament sets frame, delegates fill gaps.

Examples:
o
Competition and Consumer Act → Franchising Code (regs).
o
Uni of Sydney Act → By-laws for campus.
MCQ Trap: “Delegated’s from Parliament?” No—under it, by others.
Memory Aid: “Delegate = Hand-Off Rules.”
6. Statutory Interpretation

Why Needed: Words aren’t perfect—vague, rushed, or twisted by politics.

Court’s Job: Decode Parliament’s intent—polish, not rewrite.

Approaches:


o
Liberal (Denning): Fill gaps, match purpose—don’t nitpick.
o
Literal (Simonds): Stick to text, no guessing—words rule.
Rules:
o
Ejusdem Generis: General follows specific—e.g., “house, flat,
building” = homes, not malls.
o
Expressio Unius: Mention one, skip others—e.g., “cats” excludes
dogs.
o
Noscitur a Sociis: Context clues—e.g., “stairs, floors” = passage, not
storage.
o
Generalia Specialibus: Specific beats general—e.g., special rule
trumps broad one.
Tools:
o
Acts Interpretation Acts: Push purposive reading, allow extrinsic
(speeches, memos).
o
Extrinsic Materials: OK since 1984—helps intent, some judges resist.
MCQ Trap: “Literal ignores intent?” Yes—text only.
Memory Aid: “E-E-N-G = Ejusdem, Expressio, Noscitur, Generalia.”
7. Extra Bits

Parliamentary Sovereignty: Supreme but limited—Fed/State split, can’t lock
future laws (just procedure).

Codification: Aus skips one big code—keeps common law + statutes for flex.

Deregulation: 1980s push—cut rules for biz freedom, balance with safety.
MCQ Trap: “Aus is codified?” No—mixed system.
Memory Aid: “S-C-D = Sovereignty, Codification, Deregulation.”
8. Citing Laws

Format: Name Year (Jurisdiction)—e.g., Competition and Consumer Act 2010
(Cth).

Bits: s. 18(1) = Section 18, Subsection 1—Parts, Divisions break it down.
MCQ Trap: “Cth = State?” No—Commonwealth (Fed).
Memory Aid: “Name-Year-Place = Citation.”
Quick Distinctions (MCQ Gold)

Statute vs. Common: Parliament vs. judges.

Exclusive vs. Residual: Fed only vs. State.

Liberal vs. Literal: Intent vs. words.

Delegated vs. Statute: Sub-rules vs. main law.
Test Tips

Cases: Tasmanian Dam = Fed win; Communist Party = Fed loss—know why.

Rules: Match examples—e.g., Ejusdem = list limits.

Powers: s. 51 = concurrent; s. 90 = exclusive—watch numbers.