Which of the following are examples of public law? a Buying a coffee at the coff
ID: 382697 • Letter: W
Question
Which of the following are examples of public law?
a Buying a coffee at the coffee shop
b Tweeting something damaging about someone you know
c Assaulting someone at a football match
d A contract of employment for your part time
e Deciding if the Queensland or Commonwealth governments should be responsible for any area of regulation.
Imagine you are in a Rock and Roll Band. Which of the following are examples of private law?
a Registering your band's name (assuming you are in a band)
b Signing a contract with a record label
c Being searched by police for suspected drug possession
d Agreeing to play at the annual Australia Day concert at Parliament House in Canberra
e Appealing the decision of the ATO about the tax they say you owe for selling band merchandise
Match the following issues to their type of law and classification of law:
Type of law
Issue
1
Criminal law
A
The Federal Parliament has passed legislation establishing a new industrial relations regime; the Queensland Government claims that the Federal Parliament does not have the authority to pass such a law
2
Contract law
B
A journalist has written a story that contains defamatory allegations about Rick Astley that are not true.
3
Constitutional law
C
The Department of Transport has refused to grant Johnny his driver’s licence. His mother believes the decision maker was biased.
4
Copyright law
D
Lindsay Lohan is charged with shoplifting
5
Tort law
E
Someone copies the logo of the South Sydney Rabbitohs to use for their own sporting team
6
Administrative law
F
McDonalds puts a pickle on my burger when the server agreed not to
Which of the following does the term “Common Law” apply to?
a The system of law in Australia, UK and other Anglo nations
b Case law as a whole
c A specific element of case law developed by the Courts of Chancery
Common law states that most contracts that are entered into with a person who is under 21 years of age are not valid because that person is under age (i.e. a minor) and therefore has no capacity to enter into contracts. The Age Majority Act 1974 (Qld) states that a person who is under 18 years of age is a “minor”.
Can a 19 year old enter a valid contract? You need to be as specific as possible in your answer, based on the facts as given.
What are the three arms of government?
_________________________
_________________________
_________________________
Which of the following examples best exemplifies the separation of powers in Australia?
a The separation of upper and lower houses in all except Queensland's legislature (e.g. the House of Representatives and the Senate in Federal Parliament - bicarmelisation)
b The separation of Federal and State government with the division of powers set out in the Constitution
c The separation of those who interpret the law from those that administer and establish it.
The Federal government passes a law (statute) that conflicts with a State law. Which of the following is most correct?
a Federal laws will always prevail over States' laws
b Federal law will always prevail except for powers held exclusively by the States
cThe Federal law will prevail if the Federal government has exclusive power to legislate under the Constitution
d Federal laws will only prevail if they hold the power concurrently with the States
e States' laws will always prevail
Type of law
Issue
1
Criminal law
A
The Federal Parliament has passed legislation establishing a new industrial relations regime; the Queensland Government claims that the Federal Parliament does not have the authority to pass such a law
2
Contract law
B
A journalist has written a story that contains defamatory allegations about Rick Astley that are not true.
3
Constitutional law
C
The Department of Transport has refused to grant Johnny his driver’s licence. His mother believes the decision maker was biased.
4
Copyright law
D
Lindsay Lohan is charged with shoplifting
5
Tort law
E
Someone copies the logo of the South Sydney Rabbitohs to use for their own sporting team
6
Administrative law
F
McDonalds puts a pickle on my burger when the server agreed not to
Explanation / Answer
Which of the following are examples of public law?
a Buying a coffee at the coffee shop: Private, there is a private transaction happening
b Tweeting something damaging about someone you know : Private, as directly does not affect the society.
c Assaulting someone at a football match : Public, as the assault is a crime that affects everyone
d A contract of employment for your part time : Private, contract does not affect others not involved.
e Deciding if the Queensland or Commonwealth governments should be responsible for any area of regulation. : Public, as the ruling affects the society as a whole
Imagine you are in a Rock and Roll Band. Which of the following are examples of private law?
a Registering your band's name (assuming you are in a band) : Private, solely affects the brand.
b Signing a contract with a record label : Private, solely affects the brand.
c Being searched by police for suspected drug possession: Private, solely affects the brand.
d Agreeing to play at the annual Australia Day concert at Parliament House in Canberra : Public, as the audience is the society as a whole.
e Appealing the decision of the ATO about the tax they say you owe for selling band merchandise : Private, it is about personal right
Match the following issues to their type of law and classification of law:
Issue A The Federal Parliament has passed legislation establishing a new industrial relations regime; the Queensland Government claims that the Federal Parliament does not have the authority to pass such a law Constitutional law B A journalist has written a story that contains defamatory allegations about Rick Astley that are not true. Tort law C The Department of Transport has refused to grant Johnny his driver’s licence. His mother believes the decision maker was biased. Administrative law D Lindsay Lohan is charged with shoplifting Criminal law E Someone copies the logo of the South Sydney Rabbitohs to use for their own sporting team Copyright law F McDonalds puts a pickle on my burger when the server agreed not to Contract lawRelated Questions
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