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law Flashcards

1
Q

What is law?

A

A set of rules imposed on all members of society which are officially recognised, binding and enforceable

Laws govern conduct and have consequences if breached.

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2
Q

What are rules?

A

Regulations based on customs, morals, ethics and values, which govern conduct in particular situations

They have consequences if they are breached.

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3
Q

What is anarchy?

A

A state of lawlessness or political disorder due to the absence of governmental authority

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4
Q

Why do we need laws?

A

To maintain a sense of order, peace, and to avoid hierarchy based on strength and popularity

Laws serve multiple functions including setting boundaries and providing protection.

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5
Q

What are the four main roles of law?

A
  • Establish boundaries of acceptable behaviour
  • Protection from the actions of others
  • Freedom to do many things
  • Resolving disputes

Each role addresses different societal needs and functions.

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6
Q

How do laws establish boundaries?

A

By determining which actions will not be tolerated, e.g., drink driving places others at risk

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7
Q

How do laws provide protection?

A

By telling society what people cannot do, e.g., prohibiting assault, murder or robbery

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8
Q

What freedoms do laws provide?

A

They allow individuals to own and operate a business, drive a car, get married or divorced, or leave school

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9
Q

How do laws resolve disputes?

A

The legal system provides a police force, court system, and correctional centres to enforce and administer the law

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10
Q

Fill in the blank: Laws provide _______ from violence.

A

[protection]

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11
Q

True or False: Laws only serve to punish individuals.

A

False

Laws also provide protection and establish freedoms.

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12
Q

What are the 3 levels of government in Australia according to Section 51?

A

1) Federal Government
2) State Government
3) Local Government

Federal Government handles tariffs, quarantine, and border security; State Government manages education, public transport, healthcare, and police; Local Government deals with rubbish collection, roads, infrastructure, and events.

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13
Q

What does the Australian Constitution set out?

A

How our country will be governed

It establishes the framework for the division of powers among the different levels of government.

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14
Q

What are the two important categories of criminal offences?

A

1) Summary offences
2) Indictable offences

These categories determine the type of court where the case is prosecuted and heard.

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15
Q

Define summary offence.

A

Considered less serious, usually have less penalty than indictable offences

Examples include breaching WHS regulations and lighting a fire under a total fire ban.

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16
Q

Where are summary offences heard?

A

Local court before a magistrate

They are not tried before a jury.

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17
Q

What is the maximum penalty for summary offences?

A

2 years jail sentence or a fine

Penalties vary based on the offence.

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18
Q

Define indictable offence.

A

Considered serious offences such as assault

These are generally heard at a District Court.

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19
Q

How is an indictable offence initially processed?

A

Heard at Local Court for an initial committal hearing

A magistrate determines if the prosecution’s evidence is sufficient to go to trial.

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20
Q

What type of court hears indictable offences?

A

District Court

Cases can be tried before a judge or jury.

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21
Q

What does the Local Court deal with?

A

Minor civil disputes and minor criminal matters

It handles cases up to $100,000 and conducts committal and bail hearings.

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22
Q

What is the role of the District Court?

A

Trial court where matters can be heard before a judge and jury

It deals with civil cases between $100,000 to $750,000.

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23
Q

What types of cases does the Supreme Court hear?

A

The most serious criminal cases and civil cases over $750,000

It also hears appeals from lower courts.

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24
Q

What is the highest court in Australia?

A

High Court

It deals with appeals from the Supreme Court and interprets the Constitution.

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25
Who presides over the High Court?
7 judges ## Footnote Their decisions are final and affect all other courts in Australia.
26
What is the purpose of an appeal?
Request a formal change to an official decision ## Footnote Appeals are reviewed by a higher authority.
27
True or False: Summary offences are tried before a jury.
False ## Footnote Summary offences are heard by a magistrate without a jury.
28
What types of cases can the District Court hear appeals from?
Local Court and Children's Court ## Footnote It can also hear appeals from lower courts.
29
What is the role of a judge in court?
Listens to arguments and formulates a sentence of punishment.
30
Who are members of the public in court?
Audience members to a case.
31
What is the function of a tipstaff?
Helps the judge keep order in the court.
32
What is the role of a prison officer?
Helps escort the accused.
33
How many jurors typically make up a jury?
12 jurors.
34
What must the jury decide regarding the accused?
Beyond reasonable doubt if the person is guilty or not.
35
What is the role of the counsel for the defence?
Prove the accused is innocent.
36
What does the media do in relation to court proceedings?
Takes note about the proceedings and reports it back to the general public.
37
Who is considered a witness in court?
Someone who has witnessed a crime and is reporting it in court to help prosecute the accused.
38
What is the status of the accused in court?
This person has been accused of committing a crime.
39
What is the role of a sheriff's officer?
Serves summonses and enforces writs, warrants, and orders issued out of the various courts.
40
What is the responsibility of the prosecutor?
Convince the jury that the accused is guilty.
41
What does the judge's associate do?
Maintains records and takes verdicts from the jury.
42
What does the judge do on circuits?
Accompanies the judge on circuits.
43
What is the role of a judge in court?
Listens to arguments and formulates a sentence of punishment.
44
Who are members of the public in court?
Audience members to a case.
45
What is the function of a tipstaff?
Helps the judge keep order in the court.
46
What is the role of a prison officer?
Helps escort the accused.
47
How many jurors typically make up a jury?
12 jurors.
48
What must the jury decide regarding the accused?
Beyond reasonable doubt if the person is guilty or not.
49
What is the role of the counsel for the defence?
Prove the accused is innocent.
50
What does the media do in relation to court proceedings?
Takes note about the proceedings and reports it back to the general public.
51
Who is considered a witness in court?
Someone who has witnessed a crime and is reporting it in court to help prosecute the accused.
52
What is the status of the accused in court?
This person has been accused of committing a crime.
53
What is the role of a sheriff's officer?
Serves summonses and enforces writs, warrants, and orders issued out of the various courts.
54
What is the responsibility of the prosecutor?
Convince the jury that the accused is guilty.
55
What does the judge's associate do?
Maintains records and takes verdicts from the jury.
56
What is the most important advantage of the jury system?
It acts as a cross-section of society that reflects society's values and attitudes within the court room ## Footnote This means that jurors come from various backgrounds, providing diverse perspectives in legal decisions.
57
What is the most important disadvantage of the jury system?
Jurors do not have to give reason for their decision ## Footnote This can lead to a lack of transparency and accountability in the jury's verdict.
58
Why does a criminal trial require a higher standard of proof than a civil trial?
It involves the potential loss of a person's liberty with the imposition of a term of imprisonment ## Footnote This higher standard protects individuals from wrongful conviction.
59
What are the two ways of making laws?
Statute law (Acts of Parliament) and Common law (Judge-made or case law) ## Footnote In Australia, the law is a combination of both types.
60
What is common law?
Developed piece by piece by judges through their decisions in cases where there is no official law to support ## Footnote The decisions are recorded in books called Reports.
61
What are legal precedents?
Decisions given by judges about cases that help achieve fairness in the legal system ## Footnote Judges do not deliberately attempt to change the law but resolve disputes.
62
How do courts interpret and apply legislation?
Through statutory interpretation, which often involves complicated language ## Footnote Courts attempt to explain the law to cover all possible situations.
63
Who can change the wording of a law?
Only Parliament can change the wording of a law ## Footnote Courts can interpret laws but cannot change them.
64
What happens when a court interprets a word in a law?
A new meaning applies as from now on ## Footnote This applies similarly for legal precedents.
65
What is the status of statute law?
Laws created by Parliament have the highest status and must be obeyed by all people ## Footnote Parliament makes most laws in Australia.
66
Where is the Federal Parliament of Australia located?
In Canberra ## Footnote This Parliament makes laws on issues that affect the whole country.
67
Fill in the blank: Laws made by Parliament often involve _______.
complicated language.
68
True or False: Common law is made by judges and is written down in advance.
False ## Footnote Common law is developed through judicial decisions rather than being pre-written.
69
What is the role of precedents in the legal system?
They help ensure similar cases are dealt with in the same way ## Footnote This promotes consistency and fairness in the legal process.
70
What is the law-making power of each state and territory in Australia?
Each state and territory has its own parliament that makes laws for their state only.
71
What authority does parliament hold in terms of law-making?
Parliament is often referred to as the supreme law-making authority.
72
Statute law will always succeed over _______.
common law
73
What is the role of the High Court regarding laws?
The High Court can only take action if a law is unconstitutional.
74
What does the Constitution outline?
The Constitution outlines the powers and restrictions to its law-making authority.
75
The Constitution serves as a rulebook for how _______ is to operate.
parliament
76
What limits the powers of the Federal Government in Australia?
The Australian Constitution
77
State Governments retain the power to make laws unless the Constitution hands this power to the _______.
Australian Government
78
Disagreements between Australian and State governments are decided by the _______.
High Court
79
According to the Australian Constitution (section 109), what happens if there are inconsistencies between the Commonwealth and and State legislations?
The Commonwealth laws will apply.

law, society and political involvement (1 decks)

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