business law考题总结(完善版).doc

Topic 1 An example of public law is: A wife being charged with the murder of her husband A student signing a lease on an apartment to rent. A claim for damages for negligence A woman seeking custody of her children 2. Explain the Doctrine of Reception. 3. What is a precedent? 4. What do we call the part of a judges decision that must be followed in lower courts in the same hierarchy? 5. What is the difference between the standard of proof in a criminal matter and in a civil matter? Topic 2 1. Who represents the Crown in Federal and State parliaments? 2. The name of the Upper House in the Federal parliament is the Legislative Council. T/F 3. Explain the Doctrine of the Separation of Powers. 4. What is the name of the arm of government that interprets and applies the laws made by parliaments? 5. The following extract is from a newspaper article and contains many errors and corrects them, explaining the reasons for your answers. Jane is suing Billy negligence, claiming that the food she ate in his restaurant was not fresh and made her ill. She is claiming specific performance for ＄50,000 from Billy. The trial is set for June 12 in the Supreme Court of Victoria. To avoid going to jail, Billy must prove beyond reasonable doubt that the food in his restaurant was not the cause of Janes illness. Which court has jurisdiction to hear matters involving the interpretation of the Australian Constitution? Topic 4 Examine the Court Hierarchy in Australia and answer the following questions. 1. Which court has jurisdiction to hear matters involving the interpretation of the Australian Constitution? 2. The County Court of Victoria hears summary criminal matters. T/F 3. Which court is at the intermediary level of the Victorian Court hierarchy? 4. Provide legal definitions of the following two legal terms: Ratio Decidendi Precedent 5. What is the term used to describe methods of resolving disputes that are used to outside the court system? Topic 5 1. Shareholders of a publicly li