LLB101 exam prep questions answers 4 PDF

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Download LLB101 exam prep questions answers 4 PDF

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1. What is ‘received law’? Law is ‘received’ when the law‐makers in a society, wishing to amend or develop radically their existing law, adopt a body of law which is already in force in another How has it applied in Queensland? British law. Upon settlement brought law. terra lunnus. Noones land. Australian courts act 1828 updated the british law. . Separation from nsw, adopted laws from nsw. 2. Who is a ‘plaintiff’ plaintiff is a legal person bringing a lawsuit or a complaint against the another legal persons (defendant). and who is a ‘defendant’? defendant is the legal personbeing sued or charged with a crime either civil or criminal 3. Who is an ‘appellant’ and who is a ‘respondent’? appellant is the one appealing a case or decision. Respondent is the person 4. Can the plaintiff and the appellant be the same person? yes 5. When did the colony of Queensland come into existence? 6 June 1859, Queen Victoria granted approval and signed letters of Patent to establish the colony of QLD 6. Queensland’s first parliamentary elections were held in 1860. Who was eligible to vote? Males aged 21 and over with a three‐year residence qualification or six month if owner or lessee of property. Military and police were disqualified 7. What electoral changes occurred in 1905? Elections Act: legislation granting women’s suffrage was passed in January 1905; the property qualification was abolished; Aboriginal people and certain non‐European immigrants were still disqualified from voting. Woman 21 years and older could vote in federal elections 8. What electoral changes occurred in 1973? Elections Act and the Criminal Code Amendment Act: the voting age was reduced from 21 to 18 years. 9. What comprises the Parliament of Queensland? The Queensland Parliament consists of the Queen and the Legislative Assembly. In accordance with the State’s constitution, the Queen is personally represented by the Governor. There are currently 93 members of the Legislative Assembly who each serve for a fixed‐four year term 10. What is unique about Queensland Parliament compared to other states? How did this come about? The Queensland Parliament is unicameral, meaning it has only one parliamentary chamber, the Legislative Assembly. The upper chamber, the Legislative Council, was abolished in 1922. 11. What is the process for how laws are made by Queensland Parliament? a. Bill is proposed – government bill or private member bill (usually based on policy) b. Once approved ‐ Draft of the bill – parliamentary council c. First reading – bill explained – statement of compatibility with respect to human rights d. Committee consideration – bill is examined by parliamentary committee e. Committee report – bill placed on notice paper f. Second reading – minister speaks to the bill and committee report – debate g. Consideration in detail – clause by clause – amendments may be made h. Third reading – agreed to i. Royal assent – send the Act to the governor for approval j. Publication 12. What is Hansard? Hansard is a transcript, record of speeches, questions and answers and procedural events in the Legislative Council and Legislative Assembly. Intent of legislation...