Introduction & Basics Flashcards
What is law?
Device to regulate the economic and social behaviour of society.
What does law consist of?
Rules and principles enacted by governments, embedded within constitutions and statutes and embodied in the decisions of the courts.
What is the definition of law?
The sum of a set of rules accepted by individuals of a state in regard to their conduct toward each other.
What is the rule of law?
The principle that every person and organisation (including government) is subject to the same laws.
What is “The legal system”
The authority that binds the law
An effective legal system has what four qualities?
Certainty, flexibility, fairness and accessibility
What are ethics?
Concerned with what is right and what ought to be
What is statutory law?
Legislation
What is legislation?
Enacted laws established by the people through parliamentary representitives and other government bodies
What is the “common law”?
Law created through reported decisions of judges in superior courts (precedent)
What are the two main sources of Australian law?
Parliament made law and Judge made law
Both are made on a federal + state level
Parliament made law = Legislation, Acts, Statute
Common Law = Case law
What are the two meanings of the term “Common Law” ?
Name of the legal system used in Australia
Refers to case law made by judges
What are the two meanings of the term “Civil Law” ?
Reference to a legal system used in other parts of the world
An area WITHIN the common law system governing relations between two parties (contract, tort law)
How is civil law, conducted under the common law system in Australia, classified? Who is it usually between?
Citizen v Citizen/Organisation/Government
How is criminal law usually between?
The State/Government OR Fed Government v. The Accused
What is public law?
The organisation of government and its relationship with the people
What is private law?
Deals with disputes between individuals or organisations (but can include the government as a party)
What is substantive law?
The actual rights and duties of individuals and organisations under the law
What is procedural law?
Concerned with the rules of evidence and the conduct of criminal and civil proceedings
What is international law?
Concerned with the regulation of conduct between nation states
What is municipal law?
Domestic laws that come from statute/case law
When there is a conflict with state powers and Commonwealth law, which will usually prevail?
Commonwealth law.
What is the term that is used to refer to a change in constitution?
A referendum
What is a referendum?
A change in the constitution
Explain the “Separation of Powers”
The “Separation of Powers” is a doctrine which seeks to confine the exercise of the legislative, executive and judicial branches of government exclusively to their respective institutions:
Parliament (Legislative) = make the law
Executive:= Administer the law
The Judiciary (Courts) = interpret & enforce the law
What does the Federal Parliament consist of?
The Queen, the Senate and the House of Reps
What is the “lower house”?
The House of Representitives
What is the “upper house”?
The Senate
What is section 61 of the constitution?
Executive Power
What is “The Executive”?
The Cabinet
What does “The Executive” consist of?
The government departments, the ministers and the Prime Minister
What is section 71 of the Constitution?
Judicial power
