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
