Law Flashcards
What is it called when two parties agree to exchange goods or services for something of value, like money?
Contract.
What is essential to form a legal contract?
Consideration and a meeting of the minds.
What is the name of a contract where there is no writing?
Verbal contract.
What are the parts of a contract that, if not met, make the contact null and void?
Conditions or guarantee.
What are the parts of a contract that, if not met, can lead to a variation of the contract, such as a cost reduction or exchange?
Warranty.
Why is ‘terms and conditions’ not the best phrase?
Terms are the same thing as conditions in contract law.
What are the 2 houses of parliament in Australia?
House of Representatives and the Senate.
In which House of Parliament is the Prime Minister?
The House of Representatives.
What is the other name of the Senate?
House of review.
What colour is the House of Representatives and the Senate?
Green and red.
What is the position where a parliamentarian is in charge of a portfolio, for example, Defence, Health, Education?
Minister.
Which minister is in charge of government spending?
The Treasurer.
What is the name of the umpire in the House of Representatives?
Speaker.
How many members are there in the House of Representatives?
150.
How many Senators are there?
76.
How many Senators does each state get?
12, and 2 each for the territories.
What are the 2 main political parties in Australia?
Australian Labor Party (ALP) and Liberal-National Party (LNP).
Which political party has a main focus on environmental issues?
Greens.
What is the highest court in Australia?
High Court.
How many judges are on the High Court?
7.
What is the highest court in each state of Australia?
Supreme Court.
What is the name of the boss of the High Court?
Chief Justice.
What is the difference between civil and criminal law?
Civil law deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim. Criminal law is the body of law that deals with crime and the legal punishment of criminal offenses.
What is tort law?
Laws dealing with civil matters.
What is the offence of killing someone intentionally?
Murder (or self defence).
What is the offence of killing someone unintentionally?
Manslaughter.
What is the crime of deliberately setting fire to something?
Arson.
What is the crime of deceiving someone?
Fraud.
What is the crime of theft otherwise known as?
Larceny.
Which courts deal with smaller offences?
Magistrates court.
What is the main court in Victoria for someone on trial?
County court, or district court in other states.
Who has the power to make laws?
Parliaments. Judges can also set precedents in their rulings.
What gives power to the Commonwealth Parliament to make laws?
The Constitution.
What are the powers not in the Constitution, giving that power to the states?
Residual powers.
Which section of the Constitution gives specific powers for the Commonwealth Parliament to enact laws?
Section 51.
Which laws deal with fair trading?
Consumer laws.
Who is Australia’s head of state, as outlined in the Constitution?
Governor General, who is the Queen’s representative.
What does the USA have instead of our Governor General?
President.
What is the difference between our Governor General and the US President?
The President is voted in by the people, and has power over policy. The Governor General is appointed by the Prime Minister, and is not political.
What is the type of law that deals with who owns things, including land?
Property law.
What is a law passed by Parliament called?
Legislation. It is also called an Act, e.g. the Consumer Law Act.
Which parliament deals mainly with Health and Education?
State parliaments.
Which parliament deals with welfare?
Commonwealth parliament.
Which parliament deals with national defence?
Commonwealth parliament.
Who are the leaders of state parliaments?
Premiers.
What is it called when we say things about another person to injure their reputation?
Defamation.
is defamation criminal or civil?
Mainly civil.
What is it called when someone is careless, and it results in loss to someone else? E.g. they leave their park brake off and it damages a neighbour’s fence.
Negligence.
What are the 3 elements of negligence?
There was a duty of care. That duty of care was breached. Damage resulted.
What is the most famous early negligence case from England, which first set out this type of law?
Snail in the bottle. Donaghue v Stephenson, 1932.
