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3/4- Legal
> CIVIL LAW BELOW > Flashcards
CIVIL LAW BELOW Flashcards
Study These Flashcards
3/4- Legal
(358 decks)
Overview Of Australian Parliamentary System
Representative Government
Representative Government - In Depth
Representative Government - Strengths/limitations
Responsible Government
Responsible Government - In Depth
Responsible Government - Strengths/limitations
Separation Of Powers
Separation Of Powers - In Depth
Commonwealth Parliament Structure
Victorian Parliament Structure
Governor General
Role Of The Crown
The Senate Structure
Role Of The Senate
Further Roles Of The Senate
House Of Reps Structure
Role Of The House Of Reps
Legislative Council Structure
Legislative Council Role
Legislative Assembly - Structure
Effectiveness Of House Of Reps
2010 Hung Parliament
Effectiveness Of The Senate
Money Supply And Appropriation Bills
Double Dissolution
Executive Council
Reserve Powers
Functions Of Parliament
The Opposition
Government/Parliament
Parliament As A Law Maker
Key Terms AOS1(a)
Key Terms- AOS1(b)
Law Change: Changing Values And Attitudes
Law Change: Changes In Society
Law Change: Protection Of The Community
Law Change: Protection Of Rights
Law Change: Advances In Technology
Law Change: Access To The Law
Law Change: Generating Changing Values In Society
Crimes Amendment Bullying Act 2011
Brodies Law
Cowards Punch Law
Pressure Groups
Petitions
Petitions: Asylum Seekers
Effectiveness Of Petitions
E-petitions
Demonstrations
Effectiveness Of Demonstrations
Media
Types Of Media
Effectiveness Of Media
Victorian Law Reform Commission
Strengths Of VLRC
Weaknesses Of VLRC
Law Reform Process
VLRC: Jury Directions
VLRC: Jury Empanelment
VLRC: Medicinal Cannabis
VLRC: Burial Instructions
Legislative Process
Effectiveness Of Parliament
Residual Powers
Specific Powers
Exclusive Powers
Concurrent Powers
Section 109
McBain Case
Restrictions On State Parliament
Restrictions On Commonwealth Parliament
Referral Powers
Evaluation Of Referral Powers
Structural Protection Of Rights
Express Rights
Important Constitution Sections
High Court
Roche Case
Changing The Division Of Law Making Power
Referendums
Section 128
Impact Of A Succesful Referendum
Referendum Process Under S128
Referendum Process; In Depth
Division Of Power And Referendums
Reasons Affecting Success Of A Referendum: Timing
Reasons Affecting Success Of A Referendum: Double Majority
Reasons Affecting Success Of A Referendum: Lack Of Bipartisan Support
Reasons Affecting Success Of A Referendum: Confusing Information
Reasons Affecting Success Of A Referendum: Voter Conservatism
Reasons Affecting Success Of A Referendum: Opposition In The Community
Reasons Affecting Success Of A Referendum: Erosion Of States Rights
Reasons Affecting Success Of A Referendum: High Cost Of Holding A Referendum
Strengths Of A Referendum
Weaknesses Of A Referendum
The High Court
Sections Relating To High Court
Mcbain Case ( Sac2 )
Brislan Case
Impact Of The Brislan Case
Tasmanian Dam Case: Facts
Tasmanian Dam Case: Arguments
Tasmanian Dam Case: High Court Ruling
Tasmanian Dam Case: Impact
Role Of The High Court
Effectiveness Of The High Court
Australia- Constitutional Protection Of Rights
Structural Protection O' Rights
Structural Protection - Separation Of Powers
Structural Protection- Responsible Government
Structural Protection - Representative Government
The Express Rights
Political Communication: Australian Capital Television VS The Commonwealth
Theophanous Case
Lange Case: Facts
Lange Case: Decision
Evaluation Of The Commonwealth Constitution
Types Of Rights
Difference Between Civil And Human Rights
Statutory Interpretation
Reasons For Interpreting Legislation: Problems As A Result From The Drafting Process
Reasons For Interpreting Legislation: Problems Applying The Act To A Court Case
Methods Used By Judges To Interpret Acts
Intrinsic/Extrinsic Materials
Court Hierachy
Precedent
Other Definitions
Binding Precedent
Persuasive Precedent
Interpretation Of Past Decisions
Strengths Of Law Making Through The Courts
Weaknesses Of Law Making Through The Courts
Mabo: relationship between the courts and parliament
Relationship Between Parliament And The Courts
Deing V. Tarola: Interpreting Legislation
Shaddock V. Parramatta
Distinguishing A Precedent
Reversing A Precedent
Disapproving A Precedent
Overruling A Precedent
Miller V. Miller
Reason For Court Hierarchy: Doctrine Of Precedent
Reasons For Court Hierarchy: Appeals
Reasons For Court Hierarchy: Administrative Convenience
Reasons For Court Hierarchy: Specialisation
Victorian Magistrates Court
Specialist Divisions Of The Magistrates Court
Victorian County Court
Specialist Divisions Of The County Court
Supreme Court ( Trial Division )
Supreme Court ( Court Of Appeal )
VCAT: Role
VCAT: Appeals
Mediation
Conciliation
Arbitration
Judicial Determination
Similarities Of Dispute Resolution Methods
Differences In Dispute Resolution Methods
Strengths Of ADR
Weaknesses Of ADR
Strengths Of Judicial Determination
Weaknesses Of Judicial Determination
Similarities Between Court And VCAT
Differences Between Courts And VCAT
Strengths Of Courts
Weaknesses Of Courts
Strengths Of VCAT
Weaknesses Of VCAT
Elements Of An Effective Legal System: Fair And Unbiased Trial
Elements Of An Effective Legal System: Effective Access To The Legal System
Elements Of An Effective Legal System: Timely Resolution Of Disputes
Adversary System: Role Of Parties
Role Of Parties: Application To Adversary System
Adversary System: Role Of The Judge
Role Of Judge: Application To Adversary System
Adversary System: Burden And Standard Of Proof
Adversary System: Need For Legal Representation
Legal Representation: Application To Adversary System
Adversary System: Need For Rules Of Evidence And Procedure
Adversary System: Rules Of Procedure
Adversary System: Rules Of Evidence
Rules Of Evidence And Procedure: Application To Adversary System
Inadmissable Evidence
Strengths Of Adversary System
Weaknesses Of Adversary System
Inquisitorial System: Role Of The Parties
Inquisitorial System: Role Of The Judge
Inquisitorial System: Burden And Standard Of Proof
Inquisitorial System: Rules Of Evidence And Procedure
Inquisitorial System: Role Of Legal Representation
Strengths Of Inquisitorial System
Weaknesses Of Inquisitorial System
Comparison Of The Systems
Possible Reforms To The Adversary System
Police Investigation
Right To Remain Silent
Purposes Of Criminal Pre-trial Procedures
Bail
Conditions Of Bail
Purpose Of Bail
Considerations For Bail
Examples Of Bail
Remand
Purpose Of Remand
Committal Proceeding
Purposes Of Committal Proceeding
Hand-up Brief
Filing Hearing ( Committal Proceedings )
Compulsory Examination Theory ( Committal Proceedings )
Committal Mention Hearing ( Committal Proceedings )
Committal Hearing ( Committal Proceedings)
Procedure After Committal Proceedings
Direct Indictment
Strengths Of Bail ( Pre-trial Procedure )
Strengths Of Remand ( Pre-trial Procedure )
Strengths Of Committal Hearings ( pre-trial procedure )
Weaknesses Of Bail ( Pre-Trial Procedure )
Weaknesses Of Remand ( Pre-Trial Procedure )
Weaknesses Of Committal Hearings ( Pre Trial Procedure )
Legal representation
Double Jeopardy Rule
Punishment ( Purpose Of Sanctions )
Deterrence ( purpose of sanctions )
Rehabilitation ( Purpose Of Sanctions )
Denunciation ( Purpose Of Sanctions )
Protection ( Purpose Of Sanctions )
Abolition Of Suspended Sentences ( Sanction )
Introduction Of Baseline Sentencing
6 Baseline Sentences
New Mandatory Sentencing ' One Punch ' Laws
Community Correction Order (CCO)
Sentencing Aims Of A CCO
Court Secure Treatment Order
Drug Treatment Order (DTO)
Sentencing Aims Of DTO
Adjourned Undertaking
Purposes Of Adjourned Undertaking
Fine
Sentencing Aims Of Fines
Imprisonment
Sentencing Aims Of Imprisonment
How Is A Fair/Unbiased Hearing Achieved
How Is A Fair/Unbiased Hearing Limited
How Is Effective Access Achieved
How Is Effective Access Limited
How Is Timely Resolution Achieved
How Is Timely Resolution Limited
CIVIL LAW BELOW
Sending A Letter Of Demand
Supreme Court Pre-Trial Proceedings
Pleadings
Purpose Of Pleadings
Writ (Pleadings)
Statement Of Claim ( Pleadings )
Notice Of Appearance ( Pleadings )
Defence ( Pleadings )
Counterclaim ( Pleadings )
Reply ( Pleadings )
Further And Better Particulars ( Pleadings )
Directions Hearing
Directions Hearing ( Purpose )
Discovery
Purpose Of Discovery
Discovery Of Documents ( Discovery )
Interrogatories
Discovery By Oral Examination ( Discovery )
Medical Examination And Provision Of Hospital And Medical Reports ( Discovery )
Mediation ( Second Last Sac )
Purposes Of Mediation
Strengths Of Pleadings ( Pre Trial Procedure )
Strengths Of Directions Hearing ( Pre Trial Procedure )
Strengths Of Discovery ( Pre Trial Procedure )
Strengths Of Mediation ( Pre Trial Procedure )
Weaknesses Of Pleadings ( Pre Trial Procedure )
Weaknesses Of Directions Hearings ( Pre Trial Procedure )
Weaknesses Of Discovery ( Pre Trial Procedure )
Weaknesses Of Mediation ( Pre Trial Procedure )
Trial Procedure In Supreme Court
Damages
Compensatory Damages
Nominal Damages
Contemptuous Damages
Exemplary Damages
Injunctions
Order Of Specific Performance
How Is A Fair/Unbiased Hearing Achieved (civil)
How Is A Fair/Unbiased Hearing Limited (civil)
How Is Effective Access Achieved (civil)?
How Is Effective Access Limited (civil)
How Is Timely Resolution Achieved (civil)
How Is Timely Resolution Limited (civil)
Changes To Bail Laws
Jury Directions
Double Jeopardy
Recommendations For Change (Criminal)
Civil: Fair And Unbiased (Contribution)
Civil: Fair And Unbiased (Hindering)
Civil: Fair And Unbiased (Recent Changes)
Civil: Fair And Unbiased (Recommendations For Change)
Civil: Effective Access (Contribution)
Civil: Effective Access (Hindering)
Civil: Effective Access (Recent Changes)
Civil: Effective Access (Recommendations For Change)
Civil: Timely Resolution (Contribution)
Civil: Timely Resolution (Hindering)
Civil: Timely Resolution (Recent Changes)
Civil: Timely Resolution (Recommendations For Change)
Role Of The Jury (1)
Role Of The Jury (2)
Evidence In The Trial (Jury)
Reasons For The Decision (Jury)
Jury In A Criminal Trial
Verdicts In Criminal Trials
The Use Of Juries In Criminal Cases
Judge Directions To The Jury
Jury In A Civil Trial
Verdict In Civil Trials
Damages In Civil Trials
The Use Of Juries In Civil Cases
Selection Of Jurors
Questionairre
Liability For Jury Service
Disqualified
Ineligable
Excused
A Summons For Jury Duty
Jury Pool
Empaneling The Jury
Challenges
Challenges For Cause
Peremptory Challenges
Jury In A Criminal Case
Selecting A Jury For A Criminal Trial
Peremptory Challenges For The Accused
Prosecution Stand Aside Jurors
Challenges For Cause In A Criminal Trial
Jury In A Civil Case
Selecting A Jury In A Civil Trial
Role Of The Foreperson
Strengths Of The Jury System
Weakness Of The Jury System
Reforms To The Jury System
Suggested Reforms To Trial By Jury
Judge Alone Or Panel Of Three Judges (Alternative To Jury)
Professional Jurors (Alternative To Jury)
Specialist Jurors (Alternative To Jury)
How Does The Jury Aid Fair And Unbiased Hearing
How Does The Jury Limit Fair And Unbiased Hearings
Recent Changes To The Jury To Aid A Fair And Unbiased Hearing
Recommendations To Change With Aiding Fair And Unbias In The Jury System
How Does The Jury Aid Effective Access
Problems With The Jury That Hinder Effective Access
How Does The Jury Aid Timely Resolution
How Does The Jury Pose Difficulties For Timely Resolution
Recent Changes To The Jury To Aid Timely Resolution
Recommendations For Change In The Jury To Aid Timely Resolution
