Law And Society Flashcards

1
Q

What is common law

A

System law based on the previous decisions of judges or precedents

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is precedent

A

A previous legal decision that serves as a rule or pattern in future cases.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

4 main roles of law?

A
  1. Establish boundaries of acceptable behaviour and determine what actions will not be tolerated.
  2. Protection from the actions of others as well as our own behaviour
  3. Freedom to do many things by telling society what people can do
  4. Resolving disputes in order to stop people from taking law into their own hands
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is criminal law?

A

Is a crime that involves behaviour that in unacceptable deserving prosecution, conviction or punishment. E.g. Homicide, murder, sexual assault.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What the four main types of torts?

A

Negligence- where a person fails to take reasonable care and as a result injures another person
Defamation- where a person injured another person reputation
Nuisance- where a person causes unreasonable interference with another persons right to quiet enjoyment of their property
Trespass- where a person interferes with another person, or that persons property rights.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Advantages of the Jury system

A

Advantages:

  1. The final decision is made by more than one person
  2. There is a widespread acceptance of the jury system
  3. Juries are independent and impartial decision makers who are not controlled by the government
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Disadvantages of the Jury system?

A
  1. Ordinary people may not understand complex legal techniques
  2. Juries can be persuaded by clever lawyers
  3. Jurors could be biased and may be influenced by their own personal prejudices
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is private law?

A

Deals with disputes between private citizens

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is public law?

A

Deals with disputes that affect the community

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Define family law?

A

Regulates family relationships

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is criminal law?

A

Are needed to keep communities safe from harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is constitutional law?

A

This set of laws deal with the get of rules by which a county is governed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is administrative law?

A

Deals with the decisions and powers of the government departments

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is contract law?

A

This set of laws is concerned with legal agreements between two or more people

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is industrial law?

A

This law is concerned with the rights and obligations of employers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is property law?

A

This law recognises two bread types of property:real property (land and building)

17
Q

What is tort law?

A

The law deals with situations where one person intrudes the rights of another.

18
Q

How does a bill become law?

A
  1. A bill (proposed law) is introduced to parliament
  2. Reasons for the introduction of the bill are give
  3. The bill is considered in detail and may be debated
  4. Bill is voted on
  5. Bill is sent to other house for review
  6. If the house accepts the bill, the governor-general signs it.
  7. The bill becomes an act of parliament
  8. Act becomes law