11 Legal assessment term 1 Flashcards
What is the meaning of law?
A system of rules created and enforced by the government to regulate behavior and ensure justice.
What is the difference between customs, rules, and laws?
Customs are traditional practices, rules are guidelines that apply to certain groups, and laws are formal regulations enforced by the state.
What are values and ethics?
Values are principles that individuals or societies hold important, while ethics refer to moral standards that guide behavior.
What are the characteristics of just laws?
They are fair, enforceable, equal, and accessible.
What is procedural fairness?
The right to a fair trial, including impartiality, transparency, and the opportunity to present a case.
What is the rule of law?
The principle that everyone, including the government, is subject to the law.
Define anarchy and tyranny.
Anarchy is the absence of government and law, while tyranny is oppressive and unjust rule.
What is common law?
Judge-made law based on precedent.
What are the origins of common law?
Derived from British law, including the development of equity and the adversarial system.
What is the function of precedent?
It ensures consistency in legal decisions by requiring courts to follow previous rulings.
What is statute law?
Laws made by parliament.
What is delegated legislation?
Laws made by authorities other than parliament, given power through enabling acts.
What are the division and separation of powers?
Division of powers refers to the split between state and federal government, while separation of powers divides government into legislative, executive, and judicial branches.
What is the role of the High Court?
To interpret and apply the Constitution and resolve disputes between governments.
What are Aboriginal and Torres Strait Islander customary laws?
Traditional laws based on kinship, oral traditions, and mediation.
What is the difference between domestic and international law?
Domestic law applies within a country, while international law governs relations between nations.
What is state sovereignty?
The principle that each nation has the right to govern itself without outside interference.
What are the main types of public law?
Criminal law, administrative law, and constitutional law.
What are the main types of private (civil) law?
Contract law, tort law, and property law.
What is the difference between civil and criminal court procedures?
Criminal cases involve the prosecution proving guilt beyond a reasonable doubt, while civil cases involve the plaintiff proving liability on the balance of probabilities.
What is the role of legal personnel in court?
Judges oversee trials, lawyers represent parties, and juries decide verdicts in some cases.
What is the difference between common and civil law systems?
Common law is based on precedent, while civil law relies on codified statutes.
What conditions give rise to law reform?
Changing social values, new concepts of justice, and technological advancements.
What are the agencies of law reform?
Law reform commissions, parliamentary committees, media, and non-government organizations.
