200909 Enterprise Law

Tutorial Questions: Module 1 - Australian Legal System

Tutorial 2: The Australian Legal System: History and key features

Please prepare answers before attending the class.

1. Explain the rule of law. Does Australia adhere to it?

2. Discuss the significance of the separation of powers doctrine and compare it

to the division of powers doctrine.

3. What are the main differences between the legal systems used in civil law and
common law countries? Identify at least 2 countries that use civil law and 2 that use
common law systems.

4. To meet its Kyoto Protocol target of reducing greenhouse gas emissions, the
Commonwealth government decides to draft legislation to ban land clearing. Gino, a
farmer in New South Wales, is worried that he won’t be able to clear the forests on
his land to extend his grazing land if the laws are enacted. He says he has read the
Constitution and there’s nothing in it about land clearing or greenhouse gases. He
also says even if the Commonwealth has the power it shouldn’t be able to stop him
using his land as he chooses.

Can the Commonwealth stop Gino from using his land as he pleases? Consider the
powers of the Commonwealth government and what you consider to be Gino's rights
over his land.

5. Explain the most significant legal changes created by the Australia Act 1986
(Cth).

6. ACADEMIC LITERACY.
Your writing tasks are a crucial part of your learning. In addition to allowing your
tutors to assess your learning and expression, writing helps you to develop a deeper
understanding of your subject material. It may not be until you try to put your thinking
into words for someone else to read that you can really grasp what you are learning.
Indeed, it is at this point that most students come to appreciate both what they do
know and do not know about the topic. Furthermore, the more you understand the
topic, the easier you will find it to express yourself clearly in writing.

Academic writing contains paragraphs that must have clear structure, logical
organisation, and smooth flow of information within and between paragraphs.
Paragraphs are well written when all the sentences support or develop one main
idea. This means that all the information in the sentences in the paragraph supports
the topic sentence.
Tips/Guidelines:
Use the specialised vocabulary/technical terms of this discipline (law) rather than
everyday terms. Use 'scholarly' rather than everyday vocabulary. Use formal rather
than conversational language.

One of the dangers of writing in an academic style is the overuse of 'big' words to
impress the reader. This can get in the way of your message being clearly
understood, particularly if you are not entirely clear on what the word actually means,
or how it is used. Instead, aim to write clearly by using simple language to express
complex or deep ideas, and incorporate specialised vocabulary where it is needed.
Do not use contractions or abbreviations.

EXERCISE:
Write a short paragraph on:

‘Explain why s 109 of the Australian Constitution is needed.’

The marking criteria for the assessment tasks will be discussed. Students are to
mark their own work out of 5.

Answer then to be workshopped in class.

7. Students are to choose one of the note-taking methods discussed last week,
and summarise ‘Changing the Constitution; pages 20 - 22 from your textbook.
Was this an effective method? Why/why not?

Post-Tutorial activity:
## RefQuest – accessible from the homepage of vUWS – online educational game –
play it using Harvard WesternSydU style and see if you can save the Library!