Basic Legal Concepts

Question 1

What is tyranny

Answer 1

The absence of the rule of law where a single ruler takes control of a state abusing power without following legal processes or restrictions

Question 2

What is the judiciary?

Explain it’s role in the separation of powers:

Answer 2

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)

Question 3

What is the executive?

Explain it’s role in the separation of powers:

Answer 3

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

Question 4

Define access

Answer 4

That legal processes and institutions must be available and accessible to all. Ideally laws should be written down.

Question 5

Define customs

Answer 5

Traditional ways of behaving, can create an expected behaviour that forbids certain actions

Question 6

What is anarchy?

Answer 6

The absence of the rule of law where a government cannot enforce laws or maintain procedural fairness

Question 7

What are the principals of the rule of law?

Answer 7

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

Question 8

(Nature of justice)

Define fairness

Answer 8

That the legal system applies laws that are just as well as appropriate to a situation

Question 9

(Nature of justice)

Define equality

Answer 9

That all people are treated the same before the law regardless of socioeconomic status, race, sex, religion etc

Question 10

Outline the concept of the separation of powers

Answer 10

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

Question 11

What are values/ethics

Answer 11

A philosophical moral guide of what is right vs wrong in any given situation.

Question 12

Adversarial system of trial is..

Answer 12

A legal system used in common law countries where two advocates represent there cause to judge and jury

Question 13

Characteristics of just laws

Answer 13

• 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

Question 14

Legislative process

Answer 14

The making or enacting of laws.

To make a law, parliament must enact legislation- a statue

Question 15

Delegated legislation

Answer 15

Laws made by those of assigned authority, are applied officially to general public

Question 16

What is the legislature ? Explain it’s role in the separation of powers

Answer 16

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

Question 17

What is procedural fairness/ natural justice?

Answer 17

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

Question 18

What is the rule of law?

Answer 18

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.

Question 19

Basic court hierarchy

Answer 19

Some courts are more powerful then others 
#1 state (minor small offences) 
#2 federal (greater major issues)

Question 20

Precedent define

Answer 20

Judges must resolve disputes on the basis of past/similar cases

Question 21

equity

Answer 21

The branch of law that deals with injustice

Question 22

Two type of law

Answer 22

Criminal - designed to protect society from wrongful actions ( police can take action)

Civil - help to solve problems which occur between individuals or groups