Basic Legal Concepts Flashcards
What is tyranny
The absence of the rule of law where a single ruler takes control of a state abusing power without following legal processes or restrictions
What is the judiciary?
Explain it’s role in the separation of powers:
Is made up of the courts and judges. The jurisdiction of courts is defined in legislation, and judges make decisions according to legislation and precedent (common law)
What is the executive?
Explain it’s role in the separation of powers:
Is made up of the Governor General, prime minister and other cabinet ministers responsible for government departments. The executive reports to parliament on their processes
Define access
That legal processes and institutions must be available and accessible to all. Ideally laws should be written down.
Define customs
Traditional ways of behaving, can create an expected behaviour that forbids certain actions
What is anarchy?
The absence of the rule of law where a government cannot enforce laws or maintain procedural fairness
What are the principals of the rule of law?
Fairness- governments and courts must follow the law
Rationality- laws must be able to be followed
Predictability- the outcome for breaking the law must be clear
Consistency- the law is applied it all in the same way
Impartiality- an independent decision maker ensures legal processes are fair and just
(Nature of justice)
Define fairness
That the legal system applies laws that are just as well as appropriate to a situation
(Nature of justice)
Define equality
That all people are treated the same before the law regardless of socioeconomic status, race, sex, religion etc
Outline the concept of the separation of powers
The seperatiom of powers ensures that the powers of government are defined and that they do not overlap. This allows balance across the three arms of government, legislature, executive and judiciary
What are values/ethics
A philosophical moral guide of what is right vs wrong in any given situation.
Adversarial system of trial is..
A legal system used in common law countries where two advocates represent there cause to judge and jury
Characteristics of just laws
- equally applicable
- reduces inequalities
- resolves disputes ASAP
- relevant to future issues
- known to all before enforceable
- benefits all of society
- based on ethics + values of society
Legislative process
The making or enacting of laws.
To make a law, parliament must enact legislation- a statue
Delegated legislation
Laws made by those of assigned authority, are applied officially to general public
What is the legislature ? Explain it’s role in the separation of powers
The two houses of federal parliament, the House of Representatives and the senate. Each house has members of parliament who are elected by the people to write laws and vote on them
What is procedural fairness/ natural justice?
That legal processes must be free from bias and that individuals deserve the right to a fair hearing in court. For a hearing to be fair a judge must be impartial and free from external influences
What is the rule of law?
The idea that all should be equal before the law, and that the legal system has a set of checks and balances in place to ensure power is exercised according to the law.
Basic court hierarchy
Some courts are more powerful then others #1 state (minor small offences) #2 federal (greater major issues)
Precedent define
Judges must resolve disputes on the basis of past/similar cases
equity
The branch of law that deals with injustice
Two type of law
Criminal - designed to protect society from wrongful actions ( police can take action)
Civil - help to solve problems which occur between individuals or groups
