LAW10021: Explain The Difference Between Enactment And Commencement As Part Of The Legislative Process: Introduction Of Law, USA, Australia

University UniSA
Subject LAW10021: Introduction Of Law

PART A: Short Answer Questions

1. Explain the difference between enactment and commencement as part of the legislative process.

2. Explain the impact of the Charter of Human Rights and Responsibilities Act 2006 (Vic) on the legislative process.

3. In what way do the rules of statutory interpretation reflect the separation of powers and the court’s adherence to the Rule of Law. 

4. Is Australia a conquered or settled nation?  What is the difference in law between conquered and settled nations?

5. What is the common law? ‘purpose’ or ‘mischief rule of statutory interpretation, and how does it differ from the purposive approach under section 15AA of the Acts Interpretation Act 1901

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6.Explain the importance of legal professional privilege in light of the professional conduct rules that solicitors and barristers have to abide by.

7. Discuss the role of authoritative obiter dicta in relation to the limitations of the doctrine of precedent using relevant examples.

PART B: Statutory interpretation exercise

Jack, who is 6 years old has just recently learned to ride his bike. Luckily, he lives right next to the local park. His mum allows him to go to the park by himself as he is generally a very good listener and never runs off. Jack plans to master his new biking skills by racing around the park. He wants to go up and down the little mounds around the playground.  After a new minute of cycling, he is stopped by a grumpy old lady called Sharalanda. She points to an official council sign stating ‘No vehicles allowed in the park’. Muttering that a park is a place of beauty, peace, and tranquility she finally demands Jack to stop this nuisance and leave the park.

Does Sharalanda have a valid argument, or can Jackride his bike around the park? Base your answer on the relevant tool(s) of statutory interpretation.

Your answer should follow the IRAC method (Issue, Rule, Application, Conclusion).

PART C: Access to Justice 

Is adequate legal representation a necessary requirement for a fair trial? Discuss this question with the support of examples.

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