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LAW1111 - Foundations of law - S1 2025

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Which of the following is the BEST explanation of Judicial Tenure?

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In the judgment of Minister for Parks and Gardens v Isaac, 2012 in the Supreme Court of Victoria, Selby J stated:

We must decide whether the Victorian Environmental Officers have exceeded their authority by removing the Respondent from the botanical gardens when he slept there without a permit.  The question before us is whether sleeping on an open patch of grass in the botanical gardens amounts to ‘camping out’ under the Parks and Gardens Act 1992 (Vic).

It has been argued before us ‘camping out’ must include sleeping outdoors without any form of shelter, and thus includes the situation such as the one before us today; that is a person who lies on a grassy area in a public place and falls asleep, even in daylight, is ‘camping’. The argument is that ‘camping out’ in this context means sleeping in any situation, rather than sleeping under some form of a shelter, such as a tent. No doubt, when the Act was passed, the Parliament anticipated that ‘camping out’ would include construction of some form of shelter for overnight stay. It was not anticipated that falling asleep under open air would necessarily amount to camping out.

Nevertheless, I am satisfied that, today, sleeping, whether during daylight, or night, can constitute  ‘camping out’ for the purposes of the Act I have before me. Had the Respondent been merely eating his lunch, reading or pursuing other lawful activities which required him to be awake, but which could be pursued whilst lying down, I would not necessarily include these as being activities which were intended to be proscribed by the Act The fact is that the aim of the Act is to ensure the safety of all users of Victorian parks and gardens, and this does not detract from my finding, in fact it supports it. I am therefore satisfied that the Environmental Officers’ actions were authorised under the Act and the removal was lawful.

 

An example of obiter in this judgment is:

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Natural Law...

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Isabel was charged with disturbing the peace when she recently went to a street rally in the Melbourne CBD. She wants to put an argument before the court that the law relating to this offence breaches her right to ‘freedom of expression. Which of the following is the most relevant document she should refer to?

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The Commonwealth Parliament was able to pass the Family Law Act 1975 (Cth) because:

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Sarah and Anthony commenced their relationship in 1998. In 2001 they were married, and in 2004 they started a family and now have three primary school aged children. In 2014, Sarah and Anthony decided to end their marriage but they do not agree on how much time each parent should get with the children. Neither Sarah nor Anthony wants to go through a court process and think that they will instead attend family mediation. 

Which of the following would be an advantage of reaching an agreement through mediation?

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The writings of H.L.A. Hart are most associated with...

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Judge Jayne is convinced that a previous decision which is potentially binding should not be applied to the case she is currently deciding. Which of the following is NOT a reason for her to depart from the previous decision?

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Captain Cook’s secret instructions from British Authorities were “secret” because?

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Starr J is sitting as a single judge in the Federal Court.

Which of the following statements is correct?

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