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Law Flashcards

1
Q

Four main Roles of Law?

A

Establish Boundaries
Protection
Freedom
Resolve disputes

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2
Q

The main difference between Laws and Rules?

A

The consequences associated
Laws are enforced by police and court
Rules are more flexible and carry low end consequences

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3
Q

The role of laws?

A

Aim to govern society enforced by institutions

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4
Q

What does the term anarchy mean?

A

Refers to a state of disorder or confusion due to the absence of laws

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5
Q

What are morals?

A

Personal code of standards

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6
Q

What are values?

A

Things of importance

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7
Q

What are ethics?

A

Principles and rules of conduct that a society expects people to follow in order to act normally

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8
Q

Describe the removal of the death penalty in Australia?

A

The death penalty is a controversial form of punishment that many people see as unethical and inhumane, which is why Australia removed it in 1967

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9
Q

What impact did the introduction of British laws have upon traditional aboriginal law?

A

indigenous laws were often ignored or replaced by British laws, eroding traditional ways of governance and justice. Indigenous cultural practices were criminalised and discrimination against indigenous people became commonplace place in the legal system.

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10
Q

euthanasia case study

A
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11
Q

Description of the local court?

A

hears criminal offences e.g stealing, DUI
a magistrate can also decide whether to move the case to a higher court depending on evidence and severity of the offence

NO JURY

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12
Q

Description of the district court?

A

Deals with civil matters between 100 -750 thousand dollars
appeals from local court move to here
Decides on appropriate sentencing

offences like armed robbery, rape, manslaughter and fraud

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13
Q

Description of the Court Of Appeal?

A

Hears appeals from the Supreme Court
The court of appeal must grant leave to appeal a judgement of an inferior court.

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14
Q

Description of Supreme Court?

A

serious criminal cases
Civil Cases, involving more than 750 000 dollars

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15
Q

Description of the Federal Court?

A

Deals with breaches of federal laws
Reviews decisions made by federal government officers

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16
Q

Description of the high court?

A

Hears cases concerning the interpretation of the Australian constitutions
The court consists of 7 judges and there is no jury

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17
Q

Description of the coroners court?

A

Unnatural, unexpected =, sudden and suspicious deaths it has the power to:
retain possession of the body of a person whose death is is reportable to the coroner.

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18
Q

Who is a judge?

A

Impartial decision makers int eh pursuit of justice

Decides appropriate punishment if the defendant is found guilty

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19
Q

Who is a magistrate?

A

Sits in the local court and often responsible for presiding over a large number of cases on any single day.

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20
Q

Who is a solicitor?

A

Spends most time in their office handling the needs of their clients instead of in a courtroom

Email and telephone comm
Drafting court docs + letters

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21
Q

Who is a barrister?

A

The primary responsibility of a barrister is to act on behalf of a client during serious criminal cases in front of a jury and a judge

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22
Q

JURY DETAILS

A
  1. A jury in a criminal case (12 people) decides between guilty/not guilty.
  2. impartial and unrelated to the case.
  3. Unanimous vote or only one diagrees
    4.
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23
Q

What are the three powers of government?

A

The legislative power to make laws
The executive power to carry out and enforce the laws
The judicial power to interpret laws and to judge whether they apply in individual cases

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24
Q

What is a statute law?

A

Laws that are made by parliament. Once a law has been passed it is binding on all courts and judges.
Statue law will always succeed over common law.

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25
Q

What is a common law?

A

Laws that can be developed by judges as they come across new problems during cases they hear.

Decisions given by judges known as legal precedent.

26
Q

What is the difference between federal and State level?

A

The overall law that affects all of the country through one parliament. State level is the individual state parliament that controls the state.

27
Q

brief description on common law?

A

judges made rules in particular cases that embody reasoning, logic, customs and traditions.
It may occur if a judge is required to decide on a. case where there is no existing regulations.

28
Q

What are precedents?

A

Precedents help the legal system achieve fairness and justice as similar dealt with in the same way

29
Q

What is a constitution?

A

The rulebook for how parliament is to operate and a country be governed.

30
Q

Step one of a bill becoming a law?

A

A propose new or changed law is dicussed in the cabinet.

31
Q

Step two of a bill becoming a law?

A

If the government decides to proceed, government lawyers need to draft a bill

32
Q

Step three of a bill becoming a law?

A

The first reading

33
Q

Step four of a bill becoming a law?

A

A second reading, highlighting the main purpose and likely benefits of the bill. then a vote, if majority they move on

34
Q

Step five of a bill becoming a law?

A

Committee stage, that depicts all parts of the bill

35
Q

Stage six of a bill becoming a law?

A

Third reading in the house. if a majority vote is taken the bill is passed through to the senate

36
Q

Stage seven of a bill becoming a law?

A

If the bill is changed it is referred back to the house of representatives for another debate and vote. if approved it is sent to the Governor - General for royal assent

37
Q

Stage eight of a bill becoming a law?

A

If approved it becomes an Act of Parliament and now legally binding for all Australians.

38
Q

What is a public law?

A

Regulates peoples behaviour within society and affects society as a whole

39
Q

What does Public Law include?

A

Criminal
Constitutional
Administrative
Industrial

40
Q

What is private law?

A

Regulates and affects behaviour between individuals, families and businesses

41
Q

What does Private law include?

A

Contract Law
Family Law
Property Law
Tort Law

42
Q

What is contract Law?

A

It is concerned with agreements between two or more people
–> formed in writing, discussion, implied

43
Q

What is family law?

A

Regulates Family relationships and determine family disputes
- marriage/ divorce
- Custody
- Defect relationships

44
Q

What is property Law?

A

Recognises
Land and Buildings
personal goods and services
(sale, hiring, leasing)

45
Q

What is Tort Law?

A

Situations in which one person has infringed the rights of another
Negligence
Defamation
False imprisonment

46
Q

What is constitutional Law?

A

Deals with the set of rules by which a country is governed, generally with powers of authority

47
Q

What is Administrative Law?

A

Deals with the decisions and powers of these government departments. Allows revision and changes
–> government officers

48
Q

What is industrial Laws?

A

Rights and Obligations of employees and employers
- Legal way of resolving disputes
- WHS
- discrimination

49
Q

What is civil law?

A

A private case between two people

50
Q

What is criminal Law?

A

Protect the general public from people and action is taking through the presumption of innocent
Mens Rea - Intent (mind)
Actus Reus - Committed (action)

51
Q

What are the punishments for different form of crimes?

A

Serious crimes - Heard in district and Supreme Court
Less serious crimes -
Magistrate in a local court

52
Q

What are the penalties for crimes?

A

Imprisonment
Fines
Bonds
Home detention
Community service orders
Periodic Detention

53
Q

What are bonds?

A

Certain conditions the offender must meet

54
Q

What are periodic detentions?

A

The offender must attend prison at regular intervals

55
Q

What are mitigating factors?

A

Circumstances that excuse or shed light to why it may have caused the person to commit that act
- Age
- Mental capacity
- Abuse history
- No criminal record
- Remorse

56
Q

What are Aggravating Factors?

A

Factors that may increase the reason for imprisonment
- Repeat Offences
- Lack of remorse
- Vulnerability of victim

57
Q

What is the convention of the rights of the child?

A

The United Nations convention on the rights of the child was written in 1989 there are many articles including
- protection from discrimination
- Intrests of children in courts and welfare agencies
- Express their opinion freely in all matters affecting them

58
Q

Arguments for the jury system

A

A jury is a cross-section of society and therefore reflects
society’s values, morals and ethics

The final verdict is made by more than one person

Jurors are independent and impartial decision makers
who are not controlled by the government

59
Q

Arguments against the jury system

A

Because some people are exempt from serving, the jury is not a true cross-section of society.

Ordinary people may not understand complex legal technicalities

Juries do not have to give reasons for their decisions

Juries can be persuaded by the skills of clever lawyers

It is difficult for people to remain completely impartial, especially if they are influenced by the media coverage of
the trial

60
Q

What is the court of criminal appeal?

A

Hears appeals against decisions made by:
- Supreme or district court judges in conviction or sentencing decisions.
- Land or environmental court in criminal matters

Commerce (2 decks)

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