Law Flashcards

chapter 22 in Humanities textbook

1
Q

Define Rules

A

Regulations or guidelines imposed upon the members of a specific group so they can work together in a peaceful manner. E.g School, Sport

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2
Q

Define Laws

A

Formal rules designed to govern the way people behave.

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3
Q

Who makes Bi- Laws?

A

Local Council

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4
Q

Define Sanction

A

A penalty (e.g fine or imprisonment) imposed on a person who has breached a criminal law.

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5
Q

What is a statute?

A

Laws made by parliament (also called Legislation or Acts Of Parliament)

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6
Q

What is a Judge and what do they do?

A

Judges are an impartial adjudicator whose role is to ensure proper processes are followed in court to ensure justice is upheld; They can also determine the outcome in trials that don’t use a jury.

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7
Q

What Is Parliment?

A

An organisation that makes the laws in a country, often with a lower house to draft laws and the upper house to review laws; In Australia, The monarch’s representative ( the governor general) is also a part of parliament and officially creates the laws.

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8
Q

Define Statutory Authority

A

A body or organisation that is established by the parliament to make laws on its behalf. ( e.g Local councils, Austalia Post and Vicroads)

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9
Q

What are legal Principles?

A

A legal rule of law established by a judge

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10
Q

List Characteristics of an Effective Law

A

-Must be understood
-must be known to the public
- Must be accepted by the community
- Must be able to change
- Must be stable ( not changing all of the time)

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11
Q

What does ‘rule of Law’ mean?

A

The idea that everyone is equal before the law regardless of their power or status in society

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12
Q

Define common Law

A

Unwritten laws that are based on legal precedents made by the courts

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13
Q

Why does Lady Justice wear a Blindfold?

A

Lady justice wears a blindfold to symbolise the legal system is objective and impartial

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14
Q

Define Presumption of Innocence

A

The right of a person accused of committing a crime to be presumed and reasonably treated as not guilty until proven otherwise.

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15
Q

What Is a Criminal Case?

A

Cases that involve an individual who has been accused of committing a crime.

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16
Q

What is a Civil Case?

A

cases that involve disputes between individuals or groups over an alleged breach of rights of an individual

17
Q

If Tim were to slip on a wet floor at the supermarket and break his wrist would it be a criminal or a civil case?

A

Civil

18
Q

What is a Summary Offence?

A

A minor offence heard in the magistrates’ court

19
Q

what is an Indictable Offence?

A

A serious offence heard before a judge and jury

20
Q

Define Jurisdiction

A

The legal power to make legal decisions and judgements

21
Q

What is Court Hierarchy?

A

The ranking from lowest to highest jurisdiction of a court system.

22
Q

What’s the order for the courts in Australia from lowest to highest ( eg. magistrate, county etc)?

A

Lowest - Magistrates Court or Local Court
Intermediate - District Court/ County court
Superior - Supreme Court
The High Court of Australia.

23
Q

What Does The Magistrate Court do?

A

Mainly hears summary criminal offences and civil cases involving amounts under $100,000. They are the busiest court and hear 90% of all criminal matters.

24
Q

What Does The County/District Court Do?

A

Generally hears all serious criminal cases except murder or attempted murder, as well as all serious civil cases involving amounts over $100,000. This Court can also has the power to hear certain types of appeals from the magistrates’ court.

25
Q

What Does The Supreme Court Do?

A

Specialises in hearing the most serious criminal matters such as murder. They also hear the most complex civil matters or involving large sums of money.

26
Q

Tim decided he was going to take the supermarket to court. Which Court would Tim need to take it to?

A

Magistrates’ Court