Law Flashcards
What is the rule of law?
An ideal about how the law should be upheld and enforced and is fundamental in maintaining a free, democratic and fair society
4 pillars of the rule of law
- Equality under the law
- Transparency of law
- Independent judiciary
- Accessible legal remedy
What is common law?
Judge made law
What is statute law?
Legislation made by parliament
What is substantive law?
Main bodies of law that grant rights and impose duties
What is procedural law?
Govern the rules of evidence and how court proceedings are conducted
What is admissibility?
A set of rules to determine whether evidence to be presented in court shall be permitted
What is precedent/case law?
Decisions made in similar cases (judges use precent)
What is codification?
Parliament will pass an Act that incorporates a section of the common law and other existing Acts
What is a bill?
Proposal for a new law or change to an exisiting one
What are the sections that make up laws?
- Definitions
- Offence creating
- Powers
- Procedural
What is the Doctrine of precedent?
Legal principle (rule) that obligates courts to follow historical cases when making a rule on a similar case
Does legislation override common law and policy?
Yes
What is law reform?
It is the process of changing or updating laws so that they reflect the current values and needs of modern society
When are police justified in breaching human rights?
- Using deadly force (article 3)
- Lawful arrest (article 9)
- Covert surveillance (article 12)
What are the human rights that can never be breached?
- Ban on torture + cruel + degrading treatment or punishment (5)
- Ban on arbitrary arrest + detention (9)
- Right to a fair trial (10)
- Presumption of innocence (11)
- Ban on arbitrary interference with privacy, family, home or correspondence, no attacks on honour of reputation (12)
What are the laws that protect human rights?
- Crimes Act 1900 (NSW), Section 431
- LEPRA 2002 (NSW), Section 99
- Evidence Act 1995 (NSW), Section 138
How does legislation protect peoples rights?
By assisting police officers in enforcing laws and respecting individuals when making decisions
What is actus reus?
The physical act
What is mens rea?
The guilty mind or the intention
