Construction Law and Ethics (16022)

Week 1 – Introduction to Australian Law

Tutorial Questions

1. What is the meaning of law?

The system of rules which a particular country or community recognizes as regulating
the actions of its member and which it may enforce by the imposition of penalties.

2. What is ethics?
The term ethics refers to the philosophical study to the concepts of moral right and
wrong good and bad.

3. Does law always follow ethics?

Not all laws may be ethical not all ethical decisions are legal.

4. What level of ethics should there be in the construction

industry?
client service, conflict of interests, fair compensation.

5. What is the difference between public and private law?

It can be divided into ‘statute law’ and ‘common law’ and can also be divided into
‘public law’ and ‘private law’. Under this system, public law deals with relations
between individuals and the state, and private law deals with relation between
individuals or organisations.

6. What is the difference between substantive law and procedural

law?
Substantive law is the what and the procedural law is the how. Substantive law
defines the acts that constitute criminal behaviour and what a prosecutor must prove
to convict you of a crime.
7. What is the difference between the criminal law and civil law?
Criminal cases include acts or omission such as assault, murder, fraud, sexual assault,
traffic incidents such as drink driving, drug supply as well as white collar and corporate
crime. Whereas civil law includes cases such as claims of negligence and torts,
breaches of contract and breaches of civil rights.

8. What is the highest law in Australia?

The constitution Is the fundamental law of Australia binding everybody including the
commonwealth parliament and the parliament of each state.

9. What is the rule of law?

Laws apply to everyone including the people who make them. To make sure everyone
knows the law and their rights, laws should be easy to find out about, easy to
understand.

10. Does the Prime Minister have to follow the law in Australia?
The prime minister has to follow the laws as per individual following ethics and
equality.

11. What is the doctrine of separate of powers?

The doctrine of the separation of powers divides the institutions of government into
three branches: legislative executive and judicial.

12. What is the doctrine of a responsible government?

Responsible government is the notion that the party that obtains the confidence of
the lower house elected by the people is entitled to govern, and that governments are
made and unmade in the lower house to which they are responsible.

13. What is the doctrine of a representative government?

The doctrine of a representative government in the commonwealth constitution has
been held by the courts to imply freedom of political communication.
14. What is statute law?
Statute law is the law made by parliament. It is introduced in a
bull and, if passed, becomes an act.

15. What is the common law?

Common law system is the legal system followed in Australia inherited from the
United Kingdom. Common law is developed by judges on a case by basis building on
the precedent and interpretation or earlier court decisions.

16. What is the meaning of ratio decidendi and obiter dicta?

Ratio decidendi: Is latin for “rationale for the decision”. The term refers to a key
factual point or chain of reasoning.

Obiter dicta: is Latin for “something said in passing” a comment or observation made
by a judge in an opinion that is not necessary to resolving the case.

17. What is the doctrine of precedent?

The rule that a legal principle that has been established by a superior court and should
be followed in other similar cases by that court and other courts.

18. What is equity?

Equity refers to fairness and justice and is distinguished from equality: whereas
equality means providing the same to all, equity means recognising that we do not all
start from the same place and must acknowledge and make adjustments to
imbalances.

19. What are maxims of equity?

The maxims of equity are equity acts in personam, equity on the
conscience, equity aids the vigilant, equity will not suffer a
wrong without a remedy. Equity will not allow a person whorm it
considers as having a good claim to be denied.
20. What is the highest court in Australia?
The high court is the highest court in the Australian judicial
hierarchy.