SACE Stage 2 Legal Studies Practice Exam

The primary sources of legislation in Australia are statute law and common law. Statute law refers to laws that are enacted by Parliament, which includes all legislation passed at the federal, state, and territory levels. These laws are written down and officially recorded, making them a clear source of legal rules that govern society.

Common law, on the other hand, is developed through the decisions made by judges in court cases. This type of law evolves over time as judges interpret statutes and apply legal principles to specific circumstances. Common law plays a significant role in filling gaps where statutes may not provide clear guidance, creating legal precedents that guide future cases.

Understanding the distinction between these two forms of law is essential. Statute law provides the framework and specifics that govern behavior, while common law interprets and complements those statutes through judicial rulings. The combination of both creates a comprehensive legal system that addresses a wide array of legal issues within Australia.