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Duck > Core part I: the legal system > Flashcards

Core part I: the legal system Flashcards

1
Q

laws

A

statutes or acts of Parliament

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2
Q

cases

A

matters that are handled in the court system. The two categories include criminal (individual v state) and civil (individual v individual)

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3
Q

media

A

news articles from major news outlets that provide updates and info about case outcomes, social issues and opinion pieces of legal matters

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4
Q

structure of media articles

A

title in single brackets, news agency, year of publication

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5
Q

bill

A

a law that hasn’t passed yet but is currently in debate

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6
Q

DDP

A

Director of Public Prosecutions

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7
Q

precedent

A

when a judge makes a decision that could influence future cases, either binding or persuasive

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8
Q

law reform

A

when the law is changed

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9
Q

rules

A

non-enforceable guidelines for behaviour that have consequences

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10
Q

values

A

ethics and morals that underpin rules and laws to reflect society

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11
Q

custodial sentence

A

jail sentence

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12
Q

ICO

A

Intensive Correction Order which is supervised detention outside of prison

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13
Q

summary offence

A

low-order offence

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14
Q

indictable offence (pronounced inditable)

A

high-order offence

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15
Q

Doli Incapax

A

no child 10-14 y.o can be sentenced unless intent is proven

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16
Q

beyond reasonable doubt

A

the judge or magistrate must be certain that the defendant committed the crime before they can be found guilty.

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17
Q

mitigating factor

A

reduces responsibility on individual due to external factors

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18
Q

aggrivating factor

A

increases responsibility on individual due to external factors

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19
Q

aggravating factor

A

increases responsibility on individual due to external factors

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20
Q

security of tenure

A

2/3 of Parliament must rule of a judge to be removed and the judge must have committed a serious misdemeanor

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21
Q

ratio decendi

A

the rule of law in which a judicial system is based

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22
Q

obiter dictum

A

a judges expression or opinion uttered in court or in a written judgement, but not essential to the decision therefore not legally binding as precedent

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23
Q

stare decisis

A

the legal principle of determining points in litigation (legal action) according to precedent

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24
Q

prina facie (preliminary trial)

A

establishing if there is enough evidence to go to court

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25
Q

justice formula

A

equality+fairness+access=justice

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26
Q

equality

A

the assumption that everyone benefits from the same support

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27
Q

equity

A

everyone receives the support they individually need

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28
Q

justice

A

can be achieved when causes of inequity are addressed, systemic barriers removed and the problem is solved in the long term

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29
Q

justice needs to be achieved for…

A

victims, offenders and society

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30
Q

areas where inequality is present…

A

young offenders, homeless, women

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31
Q

areas where there is a lack of fairness…

A

young people, refugees, health-impaired

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32
Q

areas where this is a lack of access…

A

disabled, rural, young people

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33
Q

4 issues in access to legal system

A

can people get:
- access to info?
- representation and justice?
- justice in a timely manner?
- physical access to legal system?

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34
Q

customs

A

established patterns of behaviour among people in a society or group which is dependent on the culture, religion and history of a group of people

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35
Q

customary law

A

established patterns of behaviour that are accepted within a particular social or commercial setting or sufficient importance to be enforced

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36
Q

Rule of Law

A

nobody is above the law. It is binding and there are no exceptions. All authority is constrained and subject to the law.

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37
Q

origins of Rule of Law

A

Magna Carta which came out in 1215 and is considered the first human rights law. It limited the Kings power.

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38
Q

equality before the law

A

the law should apply to all people equally regardless of status.

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39
Q

presumption of innocence

A

individuals are only punished when proven guilty. Independent and impartial judges ensure that trials are fair and justice is achieved.

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40
Q

procedural fairness

A

the body of principles used to ensure the fairness and justice of the decision-making and procedures of court.

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41
Q

in Australia, procedural fairness gives you the right to…

A

know the case against you, present your case, freedom from bias and a fair trial

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42
Q

the Hearing Rule

A

the right to be heard

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43
Q

the rule against bias

A

there cannot be apparent bias which is as direct link to the judge

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44
Q

apprehension of bias

A

possibility of a relationship link that would violate rule against bias

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45
Q

tyranny

A

rule by a single leader holding absolute power in a state eg. Putin

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46
Q

anarchy

A

state of lawlessness (chaos) eg. Somalia

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47
Q

common law

A

law that comes from the decision of the courts which can be binding or persuasive

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48
Q

statute law

A

law made by Parliament

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49
Q

basic features of the Australian Legal System retained from British Legal System

A

travelling judges (magistrates), notion of compensation for wrongs, precedent

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50
Q

Adversarial System

A

the judges decides on questions of the law and doesn’t personally investigate. Only legally obtained evidence is allowed and defendants have the right to silence.

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51
Q

Inquisitorial System

A

judge-based search for truth where all evidence is allowed to be brought up and there is no right to silence or “guilty plea” for defendant eg. US

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52
Q

hierarchy

A

a chain of command system that indicates varying levels of jurisdiction in the legal system

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53
Q

local court

A

minor criminal matters and minor civil disputes

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54
Q

district court

A

more serious criminal matters from charges of larceny up to charges such as manslaughter, SA and drug importation

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55
Q

supreme court

A

highest court in NSW which deals with criminal matters and civil cases involving large sums of money (above circuit court)

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56
Q

federal court

A

deals with civil disputes governed by Federal laws as well as summary criminal offences

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57
Q

family court

A

superior federal court that deals with complex family matters eg. parenting orders, division of property

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58
Q

high court

A

highest court in Australia’s judicial system and deals with appeals from the Federal Court and Constitutional matters. It is interpreted by 7 judges.

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59
Q

original jurisdiction

A

list of common crimes/cases for each court, hearing a case for the first time

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60
Q

houses in Federal Govt.

A

Senate (upper house) and HOR (lower house)

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61
Q

houses in state Govt.

A

Legislative Council (upper house) and Legislative Assembly (lower house)

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62
Q

Australia has a ____ system at a federal and state level

A

bicameral

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63
Q

Who represents the King in Parliament?

A

Governor General

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64
Q

the person Australians vote from their local area to represent them in Parliament

A

electoriate

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65
Q

how a party becomes the government

A

the party or coalition of parties with support of majority of members selected into HOR becomes the government until the loose support of majority members.

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66
Q

what are the responsibilities of government?

A

develop national policy, introducing bills, putting laws into action, making important decisions, representing Australia overseas

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67
Q

bill

A

a proposal for a new law. They have to be approved by both houses before becoming laws

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68
Q

how bills get approved

A

Introduced to HOR, debated upon, public enquiry, reviewed, voted, sent to Senate and passed (same process occurs in Senate)

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69
Q

how bills become act

A

bill is passed by Senate, and GG signs off

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70
Q

division of powers

A

how the power to make law is divided between the Commonwealth Govt. and Territory governments

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71
Q

Section 51 in Australian Constitution

A

gives the Commonwealth Govt. ‘heads of power’ which outlines what they can only make laws about

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72
Q

the ‘heads of power’ include

A

lighthouses, tax and trade, defence, corporations, marriage and divorce, census and statistics

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73
Q

residual powers

A

any area not covered in the Constitution is considered to be within the state’s power to legislate about (trickle down)

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74
Q

concurrent powers

A

areas in which both the Commonwealth and states can make laws

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75
Q

exclusive powers

A

powers that the Commonwealth can make laws for and states cannot

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76
Q

how legal power is separated

A

judiciary (courts), legislature (Parliament), executive (PM, GG, Cabinet)

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77
Q

what the judiciary (courts) does

A

interprets and applies the law

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78
Q

legislature (Parliament)

A

create laws and amend them as required. It includes the Senate, HOR. States and territories are allocated seats in the HOR based on population

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79
Q

executive (PM, GG, Cabinet)

A

administer laws made by Parliament. Shadow Cabinet questions executives, opposition provides checks and balances

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80
Q

issues with separation of power

A

execs. appoint judges which may cause judges to have a political agenda, it is likely for political agenda to seep through legislation

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81
Q

appellate jurisdiction

A

appeals from lower courts

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82
Q

Mandamus

A

court order compelling a government official or organisation to do something

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83
Q

prohibition

A

rare court order that forbids a lower court from hearing/taking further action on a case

84
Q

injunction

A

common court order stopping an organisation or person from performing an action

85
Q

special leave

A

the HCA grants approval for a case to come before it

86
Q

Judicial review

A

HCA reviews the actions of government

87
Q

diverse nature of customary law

Indigenous law

A

different first nations groups have their own variations of customary law as a result of geographical spread.

88
Q

the significance of land and water (dreaming)

Indigenous law

A

many customary laws have evolved from Dreaming regarding the treatment of land and those who live on it.

89
Q

ritual and oral traditions

Indigenous law

A

customary laws have been passed down through word of mouth and ritual. Stories, songs and dance help people to remember laws. Different people in community know different laws.

90
Q

mediation and sanctions

Indigenous law

A

it is expected that everyone in the community will follow and reinforce customary law. Elders get involved if sacred law is broken.

91
Q

family and kinship

Indigenous law

A

the smooth operation or social life depends on obedience to religious precepts on the operation of kinship, a major force in behaviour.

92
Q

state sovereignty

A

the right of a state to make laws for people within its borders without outside interference eg. make laws, collect taxes. It can promote or hinder HR’s.

93
Q

requirements to have state sovereignty

A

defined territory, permanent population, effective government, capacity to enter international negotiations

94
Q

domestic laws

A

each country can make their own laws as they have state sovereignty.

95
Q

international laws

A

governs the relationships between nation states

96
Q

purpose of international laws

A

provides mechanisms/frameworks for peace maintenance, covers fundamental HR’s, resolves disputes between NS.

97
Q

incorporation process

A

the process Australia must go through when dealing with treaties; singing, ratifying, enacting.

98
Q

International Customary Law

A

globally accepted customs or beliefs that have been enshrined/evolved into law. It sets a benchmark for what is acceptable eg. UDHR. Not enforceable or binding, only aspirational.

99
Q

declarations

A

documents that make aspirational statements of intent and are ‘soft law’ (non-binding) eg. UDHR

100
Q

treaties (covenants/conventions)

A

formal agreement between two NS (bilateral) or 3+ (multilateral). Hard law- once incorporated, it becomes binding and enforceable. NS can develop statute law to protect HR enshrined in Intl. law

101
Q

examples of treaties

A

International Covenant on Civil and Political Rights (1966). State Sovereignty can undermine the ability of the NS to engage in treaties due to lack of political will.

102
Q

Intl. law legal decisions

A

the two international courts; ICJ (International Court of Justice) and ICC (International Criminal Court). ICC deters international criminals but in the ICJ, decisions need to be accepted by both NS which limits effectiveness.

103
Q

example of legal decision in ICJ

A

Australia V Japan whaling case (Australia won)

104
Q

legal writings

A

UN report documents outlining HRs being abused and non-compliant NS. Similar to judge’s notes/commentary on cases.

105
Q

two main branches of the UN

A

UNGA, UNSC

106
Q

UNGA

A

United Nations General Assembly, a forum to discuss international affairs eg. climate change, war, human rights

107
Q

UNSC

A

United Nations Security Council is made up of the Permanent 5 (P5) and Temporary 10 (T10) with the purpose to promote peace and stability.

108
Q

Permanent 5 (P5)

A

Russia, China, US, UK, France. All it takes is one NS to refuse a solution for it not to progress (Veto power)

109
Q

Temporary 10 (T10)

A

temporary 10 NS elected every two years, don’t have a vote.

110
Q

SDG

A

17 Sustainable Development Goals which encourage NS to be compliant

111
Q

two UN courts

A

ICC, ICJ

112
Q

ICC

A

International Criminal Court based on Rome Statute (1998) which deals with war crime, genocide, crimes against humanity

113
Q

cases in the ICC

A

Germain Katanga found guilty in 2014 for one count of crime against humanity and four war crimes and sentenced to 12 years, Thomas Lubanga Dylio found guilty in 2012 sentenced to 14 years in prison and reparation proceedings for conscripting children under 15 years old.

114
Q

ICJ

A

International Court Justice, handles civil cases between Nation States. It ensures compliance and sanctions, but is limited by SS and the ICJ needs both NS to agree to sanctions.

115
Q

ad hoc

A

set up for a specific purpose

116
Q

ad hoc tribunal

A

acts like a court set up to hear a specific case and trial those involved accordingly. It deals with serious international criminal offences that have violated HR en mass. The need for ad hoc tribunals was removed once the ICC was created in 2002.

117
Q

International Criminal Tribunal for Rwanda (ICTR)

A

est. 1994 which aimed to find those guilty for the mass genocide of 800 000 Totsis people in 100 days. Former Minister sentenced to life in prison.

118
Q

International Criminal Tribunal for Yugoslavia (ICTY)

A

dealt with war crimes committed in the Balkans in the 1990s. It set the precedent for how genocide and war crimes are dealt with internationally, laid the foundations of conflict-resolution and post-conflict development after mass murder.

119
Q

Intergovernmental organisations (IGO)

A

international institution comprised of various member states. They are created in agreement between member states, and each has an intl. treaty that acts as a charter outlining the organisations purpose and operation.

120
Q

most important IGO

A

the UN Charter (1945)

121
Q

promotion

A

to support or endorse an ideology or concept, usually soft law

122
Q

protection

A

to maintain something from being violated eg. enshrining a HR within a treaty as hard law

123
Q

Human Rights Council (HRC)

A

an IGO within the UN created in 2006 make up for 47 member states which are elected by the UN General Assembly responsible for protecting HR around the world.

124
Q

How the HRC protects human rights

A

Universal Periodic Review (review of all HR records of UN member states) to ensure equal treatment for every country, Advisory Committee (composed of 18 experts who meet twice a year) as a think-tank, HRC Complaint Procedure which adresses patterns of HR violation

125
Q

Non-government Organisation (NGO)

A

bodies that aren’t funded by governments but rather by public donations which allows them to adress intl. HR issues

126
Q

pros and cons NGO’s

A

raise awareness, lobby for change, educate society, name and shame non-compliant NS. They can’t enforce law, have no legal power and lack funding.

127
Q

examples of NGO’s

A

Amnesty International (gathers first-hand testimonies and publishes), Human Rights Watch (publishes articles about HR violation), Anti-Slavery Aus (provides free legal and migration services to disadvantaged)

128
Q

relevance of intl. law to domestic law

A

Australia is a dualist system which is a legal system that doesn’t deem treaties enforceable until similar domestic legislation has been passed. The two steps include: ratifying intl. treaty and enacting dom. legislation.

129
Q

example of dualist system- incorporation of treaties

A

Intl. treaty: Convention on the Rights of a Child (1989)
dom. legislation: Young Offenders Act 1997 (NSW)

130
Q

intl. law impacts on Australian law

A

When an Intl. treaty is ratified, Australian law is enacted to reflect the Intl. treaty, directly effecting Australian law.

131
Q

public law

A

deals with the powers and obligations of govt. and citizens, the relationships between persons and the state.

132
Q

the types of public law include

A

criminal law, constitutional law, administrative law

133
Q

criminal law

A

a body of rules under which certain acts or omissions are punished by the state to maintain public safety and order for the whole of society. Offence is seen to be against the whole community.

134
Q

examples of criminal law

A

R v Xie (2017)- Robert Xie sentenced to 5 life sentences after murdering 5 members of extended family
R v Singh (2012)- Chamanjot Singh sentenced to 6 years jailtime for killing wife with box cutter

135
Q

constitutional law

A

focuses on the rules governing the executive, legislative and judical functions of the govt. Australian constitution divides legislative power between Cth. and state governments. If there is an inconsistency, Cth. always overrides. If a law violates consitution, the case goes to high court where it is reviewed

136
Q

examples of constitutional law

A

Croome v Tasmania (1997)- plaintiffs argued that Tasmanian law violated the HR Sexual Conduct Act 1994 (Cth)

Tasmanian Dam Case- Tasmania tried to build a dam in a national park, which the Cth. law prevented from occuring.

137
Q

administrative law

A

deals with govt. powers and decisions made by govt. bodies. Based on the English model to ensure accountability of administrative decisions and actions made by govt. It cannot be used to challenge all govt. dealings eg. taxes

138
Q

how a person can seek a review of administrative law

A

internal review- decision is reviewed by peer in agency (conflict of interest)

external review- person outside of agency reviews decision (formalised approach)

judicial review- courts only provide review of administrative decisions

139
Q

private law

A

regulates the relationships between persons, companies and organisations which involves litigation (sueing). The court hearing the case must exercise civil jurisdiction.

140
Q

the types of private law includes…

A

contract law, tort law, property law

141
Q

contract law

A

concerned with the recognition of an agreement between 2 or more parties recognised by law and actions taken to enforce it.

142
Q

three features of contract law

A

offer, acceptance, consideration

143
Q

examples of contract law

A

Competition and Consumer Act (2010)

ACC: Chrisco lay-by agreement which contained a term allowing them to deduct money from customers after the product was fully paid for (2015)

144
Q

tort law

A

deals with situations in which someone/organisation has done something which has breached the rights of another with the aim to restore the plaintiff to the position he/she was in before a wrong was committed. The most common type is negligence.

145
Q

examples of tort law

A

Samaan v KFC (2012) girl became paralysed by consuming uncooked chicken

Donohue v Stenvenson (1932) snail in bottle case, Donohue suffered from gastroenteritis

146
Q

property law

A

involves things that can be owned and have commercial value which is protected by statute and common law. Most common type is real property including actual land and what is attached to the land.

147
Q

criminal law

A

the legal processes in which a person accused of a crime is prosecuted. The two main types are summary hearings and trial by jury.

148
Q

victim impact statement (VIS)

A

shares the details of how offences have affected the life of the victim when proven guilty. It cannot influence a judge’s decision.

149
Q

judges and magistrates

A

legal professionals which alot of experience in the law that preside over court cases to make sure rules are followed and trials are fair. A judge sits with intermediate/superior courts whereas magistrates sit with lower courts.

150
Q

tipstaff

A

supports the judge with procedure and organisation. May provide research and administrative support when court isn’t in session.

151
Q

judges associate

A

confidential secretary to the judge and performs clerical duties for court, has a law degree.

152
Q

solicitors

A

solicitors give legal advice on legal issues, have a completed law degree.

153
Q

barristers

A

specialise in one area of the law which gives them depth of knowledge

154
Q

witness

A

gives evidence regarding the case in court

155
Q

court officer

A

responsible for court lists and calls witnesses to the court room

156
Q

court reporter

A

records all court proceeding which may be written in an audio/visual format

157
Q

corrective services officer

A

escorts the accused to and from the court room in a criminal case

158
Q

jury

A

a panel of citizens who consider evidence presented and are sworn in. In a criminal trial, the prosecution and defence are entitled to challenge the selection and have the right to ‘peremptory challenges’ (dismiss w/o reason)

159
Q

plaintiff

A

brings about civil action against another

160
Q

defendant

A

must defend his/her actions

161
Q

media

A

journalists will attend high-profile court cases and report on them. Media representatives sit in media gallery of wait outside court to conduct interviews.

162
Q

civil law (AKA private law in aus)

A

originates from Roman law and is a set of judgements framed by judges in courts. It involves plaintiff v defence, balance of probabilities and when a defendant is proven guilty, it must be ‘beyond reasonable doubt’ which have evolved into Australia’s adversarial system.

163
Q

common law

A

developed by custom and is where judges apply civil law statutes to deduce outcomes in court cases and precedent is developed in two forms; binding and persuasive.

164
Q

conditions that give rise to law reform

A

changing social values, new concepts of justice, new technology

165
Q

conditions that give rise to law reform: changing social values

A

Social values are standards or principles that guide people in their thinking about aspects of their society and are underpinned by beliefs of right/wrong.

When majority of people hold similar views, they reflect public morality. Public morality is constantly evolving, therefore reform is required. eg. Family Law Amendment Act 2001 (Cth)

166
Q

conditions that give rise to law reform: new concepts of justice

A

when a law is unable to achieve just outcomes for individuals/community, there may be need for law reform eg. Death Penalty Abolition Act 1973 (Cth)

167
Q

conditions that give rise to law reform: new technology

A

advancement in technology has meant that laws are constantly under pressure to remain current
eg. Surrogacy Act 2010 (NSW) was introduced to allow transfer of parentage

168
Q

agency of reform

A

a department of body providing a specific service to the govt. or other organisation.

169
Q

Australian Law Reform Commission (ALRC)

A

An independent statutory body established in 1975 and operates under the Australian Law Reform Commission Act 1996 (Cth). It reviews laws referred to it by the GG and conducts enquiries which aims to harmonise cth. and state laws where possible and advise how the law can change to meet current needs.

170
Q

examples of Australian Law Reform Commission

A

elder abuse, Family Law system, incarceration of Indigenous

171
Q

NSW Law Reform Commission

A

Basically the ALRC on a state level set up under the Law Reform Commission Act 1967 (NSW). They consider NSW laws that are out-of-date, unnecessary, too complex or defective by consolidating legislation and consulting public.

172
Q

examples of NSW Law Reform Commission

A

unanimous vs. majority jury decisions

173
Q

media (regarding law reform)

A

modern media shares testimonies of those who have suffered, keeping people informed and empowered to apply pressure on the govt. to adress issues

174
Q

examples of media (regarding law reform)

A

same-sex marriage

175
Q

NGO’s

A

promotes law reform through active pursuits of HR goals, develops resources and tactics which enables pressure to be applied on govt. eg. Amnesty Intl.

176
Q

NGO’s actions (regarding law reform)

A

changes to Victorian bail laws, offshore processing at Naru Dentention Centre.

177
Q

Lobby Groups (regarding law reform)

A

an organised group of people who try to influence govt. ministers or other members of Parliament to advance a political agenda which is achieved via writing letters, requesting meetings, making policy submissions.

178
Q

examples of Lobby Groups (regarding law reform)

A

‘shared equal parenting’ by Long Father Association of Aus. and amendments to the Family Law Act 1975 (Cth)

179
Q

mechanisms of reform

A

the means (machinery) that brings about legislative change within judicial and legislative branches of govt. and intl. organisations.

180
Q

different mechanisms of reform

A

Parliaments- most law reforms occur here through passing bills

Courts- precedents made in higher courts clarify what law should be, don’t consciously reform law

UN- primary mechanism of intl. law reform through treaties

Royal Commissions- highest form of enquiry on matters of public importance by revealing cases that show deficiency in law

181
Q

native title

A

the recognition of customary connection of Indigenous to land, disproving terra nullius which was a misconception from settlement.

182
Q

Native Title Act 1993 (Cth)

A

protects Indigenous land rights and allows them to claim connection and ownership to native land

183
Q

Mabo v Queensland no. 1 1988- Supreme Court/High Court

A

Eddie Mabo challenged common law principle of Terra Nullius which aimed to being justice, dividing public opinion.

High Court found that the Queensland Coast Islands Declatory Act conflicted with the Racial Discrimination Act (1975), allowing the original case to continue.

184
Q

Mabo v Queensland no. 2 1992- High Court

A

Judgements of the Hight Court enshrined native title into Australian law and recognised that Indigenous people lived in Australia for thousands of years, overturned terra nullius.

185
Q

Wik Peoples v Queensland (1996)- High Court

A

Wik Peoples claimed native title rights to land being leased to pastoralists. Fed. court ruled that pastoral leases extinguished right to native title, and enacted the Native Title Amendment Act 1998 (Cth).

186
Q

Yorta Yorta v Victoria 1998- High Court

A

Yorta Yorta people claimed native title of public lands and water. The application was dismissed by Fed. Court and then appealed to Full Court of the Fed. Court which delivered the same verdict. It set common law for cases where customs weren’t practiced in the 19th century and only passed down orally.

187
Q

Native Title Tribunal

A

Fed.. Govt. agency set up under the Native Title Act 1992 (Cth) with the aim to resolve matters of native title, ensuring justice for all parties.

188
Q

Doli Incapax case

A

R v LMW- 10-year-old boy charged with the manslaughter of Corey Davis after drowning him but was found not guilty as the intent wasn’t to kill, but rather “an act of bullying gone wrong”.

189
Q

Rule of Law case

A

Justice Einfeld was sentenced to two years in jail non-parole after pleading guilt to purgery for trying to evade a speeding fine.

190
Q

procedural fairness case

A

R v Skaf (2004): Bilal and Mohammad Skaf in 2000 committed gang rape of multiple teenage girls and were retrialed because two jurors conducted their own experiment of the crime scene.

191
Q

anarchy example

A

Somalia

192
Q

common law equity case

A

Lumley v Wagner (1952): Wagner had been contracted to sing at a theatre by Lumley an The contract specified that she couldn’t sing anywhere elsewhere during the period of the contract. She broke this contract, so Lumley sought an injunction in a court of equity

193
Q

precedent case

A

Grant v Australian Knitting Mills (1936): The manufacturers failed to remove a chemical irritant from their wollen underwear and Grant developed dermatitis. The court used Donoghue v Stevenson (1932) as persuasive precedent in this case.

194
Q

separation of powers where there is cross over between legislature and judicial power

A

R v Jacobs (2013), Crime Amendment Act (2011): the first person to go to jail for life under the mandatory sentence of murdering police officer (judge had no choice)

195
Q

role of High Court case

A

Mabo v Queensland no.2 (1992): Eddie Mabo appealed to the High Court to recognise native title.

196
Q

cases of HR promotion via SS

A

UDHR (1948)

197
Q

cases of HR hinderance via SS

A

treatment of asylum seekers in Australia at Naru (offshore detention) exposed by Amnesty Intl.

198
Q

PEER JAM AIR

A

Protection/recognition of right
Equality
Enforceability
Resource efficiency

Justice
Access
Meeting societies needs

Application of rule of law
International law
Responsiveness of law

199
Q

types of delegated legislation

A

regulations, ordinances, rules, bylaws

200
Q

regulations

A

laws made by the GG, state Governors or members of the Executive Council

201
Q

ordinances

A

laws made for Australian territories (external territories = Norfolk Island, Australian Antarctic Territory, Christmas Island, Coral Sea Islands)

202
Q

rules in reference to delegated legislation

A

laws made for government departments

203
Q

by-laws

A

laws made by local councils (restricted to the area governed by that council)

204
Q

courts in order from lowest to highest

A

children’s court, local court, coroners court

supreme court, land and env. court, district court, drug court (NSW)

NSW Court of Criminal Appeal

High Court of Australia

205
Q

ethics

A

moral principles that govern a persons behaviour by determining what is right and wrong

Duck (4 decks)

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