Task - Statutory Interpretation Quiz Questions
1. What is the commencement date of the Supreme Court Act 1986 (Vic) and when was it assented to? Identify the number of the Act and the version incorporating the latest amendments, indicating the date up to which amendments have been incorporated. Does the Act or the Bill have a long title? If so provide details.
2. Which Interpretation Legislation is relevant to the interpretation of the Supreme Court Act 1986 (Vic)? Explain s. 35 of the relevant interpretation legislation in your own words.
3. How are the terms 'Judge of the Court' and 'Associate Judge' defined under the Supreme Court Act 1986 (Vic)? Explain in your own words. Are the definitions open or closed definitions?
4. Referring to relevant provisions of the Supreme Court Act 1986 (Vic), outline four different bases for the exercise of jurisdiction by the Court of Appeal to hear and determine appeals.
5(a). Describe the different type of judicial officers who can dispose of business in the Trial Division of the Supreme Court.
5(b). Explain the rationale for the provision in section 13 of the Supreme Court Act 1986 (Vic).
6. How is a 'proceeding' defined under the Supreme Court Act 1986 (Vic)? Equuscorp v Jackson [1998] VSC 339 concerned the definition of a 'proceeding' among other things. Why is section 23 of the Interpretation of Legislation Act 1984 (Vic) relevant to the decision in this case?
7. What specific sources/aids might a judge use to assist in the interpretation of expressions used in the Supreme Court Act 1986 (Vic)? Refer to four different sources/aids to assist with interpretation, indicating whether they are intrinsic or extrinsic to the Act.
8. Explain the following statement made by Gleeson CJ in Brodie v Singleton Shire Council (2001) 206 CLR 512, 513: 'Legislation and the common law are not separate and independent sources of law... they exist in a symbiotic relationship.'
9. Who is a 'judicial officer'? Describe how a 'judicial officer' may be obliged to undertake further education and training pursuant to the Supreme Court Act 1986 (Vic). What, in your opinion, is the basis of the requirement of ongoing professional development and training?
10. How does the Supreme Court Act 1986 (Vic) link to the research topic for this semester and how might you use this Act in your final essay.
Essay about a case we will be hearing in court see details below to be able to answer this question: You are required to write a short essay addressing the research topic we have been discussing throughout the semester. Your essay must incorporate observations from your court visits which are relevant to the research topic. 'The adversarial process inhibits judicial creativity. Courts are not Law Reform Commissions. They do not select the questions they will decide; and in general they do not gather information extraneous to the evidence put before them. Courts do not have agendas.' Discuss Your essay must include an introduction, body paragraphs (with topic sentences) and a conclusion. Your essay must also have a clear contention which should be supported by your discussion and analysis throughout the essay. Primary and secondary sources must be used in your essay.
1000 words
7 references.