General Law + terms Flashcards

1
Q

Anarchy

A

A state of lawlessness and disorder

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2
Q

Rules

A

Regulations that are based on principles, and which govern conduct

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3
Q

Customs

A

Habits or usual ways of acting

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4
Q

Morals

A

Relating to proper conduct

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5
Q

Ethics

A

Rules of conduct that may be judged as good or bad

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6
Q

Values

A

Beliefs that are considered desirable

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7
Q

Social cohesion

A

People uniting in a common purpose, sticking together

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8
Q

Parliaments

A

The elected representatives of a country or state

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9
Q

Legislature

A

A law making body, such as a parliament

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10
Q

Legislation

A

A law or a set of laws

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11
Q

Common law

A

Laws made by the decisions of the courts

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12
Q

Barristers

A

People who plead a case in court (and who have been admitted to the Bar)

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13
Q

Solicitors

A

People who deal with the public in legal matters

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14
Q

Statute law

A

Laws made by parliament

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15
Q

Acts of parliament

A

Laws that have been passed by parliament and given Royal Assent

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16
Q

Constitutions

A

The sets of rules by which organisations or countries are run

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17
Q

Bill

A

A proposal for a new law

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18
Q

Amendment

A

A change to a Bill or proposed law

19
Q

Royal Assent

A

Official signing by the head of state (Governor- General or state governor) to make the Bill an Act of parliament and so become a law

20
Q

Electorate

A

People entitled to vote, grouped by districts and represented by a member of parliament

21
Q

Referendum

A

A vote by the people on a question put to them

22
Q

Precedent

A

A legal decision serving as a guide to future court rulings

23
Q

Brief

A

The details of an impending court case

24
Q

Indictable offences

A

Serious offences heard by a judge and jury

25
Q

Defendant

A

A person against whom a criminal charge or a civil case is being made

26
Q

Summary offences

A

Minor offences dealt with by a magistrate

27
Q

Torts

A

From the French, meaning a wrong or an injury committed against another person

28
Q

Plaintiff

A

A person who brings an action in a civil case

29
Q

Subpoena

A

A document summoning a witness to appear in court

30
Q

Contempt of court

A

Disrespect for the court and the judge’s directions

31
Q

Litigation

A

Taking legal action or undertaking a lawsuit

32
Q

Adversarial

A

Opposing, one side against the other

33
Q

In camera

A

A closed court, not open to the public

34
Q

Equity

A

The quality of fairness to all

35
Q

Corporal punishment

A

Physical punishment, such as hitting

36
Q

Laws

A

A set of rules that are officially recognised by the state

37
Q

What are reasons for law reform?

A
  • changing technology
  • changing community values
  • changing environment
  • changing government
  • new concepts of justice
38
Q

What do criminal law case involve?

A

Offences against the community

39
Q

What are some examples of criminal law cases?

A
PEOPLE
- assault, rape, murder
STATE
- damage to public property, terrorism, sabotage, treason
PUBLIC ORDER
- riotous behaviour, abusive language, serious traffic offences
PRIVATE PROPERTY
- theft, damage
40
Q

What do civil law cases involve?

A

Disputes between two parties based on torts

41
Q

What are some examples of civil law cases?

A
TRESPASS
NUISANCE
- inconvenience, damage to property
TRESPASS TO GOODS
- interfering with a property without permission
DEFAMATION
- making statements to harm reputations
NEGLIGENCE
- failing to take proper care, inconveniencing someone
42
Q

What are the four main features of the legal system?

A

Parliaments (to make laws)
Courts (resolve disputes by interpreting common law)
Police and Court officials
The legal profession (barristers etc.)

43
Q

What is the purpose of the Australian Constitution?

A

To give the federal government complete control of our nation and its laws and regulations

44
Q

What are the three functions of the constitution?

A

EXECUTIVE: deals with existing laws and running of gov.
LEGISLATIVE: deals with making of laws
JUDICIAL: about people who break laws and what to do with them