Law Introduction Flashcards
What types of laws are public law?
Constitutional, aboriginal, criminal, administrative, tax, environmental.
“CACATE”
What did the Magna Carta do
It forced king John and other rulers to follow the laws that have been made. No one could be detained without being charged and everyone had the right to a fair trial.
How does a bill become a law?
- The problem is identified - the minister and cabinet discuss.
- Second reading - members debate the bills principal
- Committee stage - debate details. study the bill.
- Report stage - members make other amendments.
- Third reading - debate and vote
- Senate - repeat process
- Royal assent
What is a citation?
A reference to a legal case.
What are the courts options if it finds something unconstitutional?
Strike down, read in, add a term that makes the law constitutional, read down (narrows interpretation).
What is a law?
A rule to govern action for society to follow or obey.
Explain what the term discrimination means?
When a person is treated differently than others in society or otherwise suffers harm because of some status or characteristics they have.
What can’t you be discriminated on the basis of?
Race, age, gender, national or ethnic origin, mental or physical disability.
Define suffrage.
The right to vote in elections.
Do some same sex couples have the same rights as heterosexual couples?
Yes.
What is common law
The law based on judges trial decisions, the role of precedent and reported case law.
What are the five functions of law?
- Establish rules of conduct
- Provide a system of enforcement
- Protect rights and freedoms
- Protect Society
- Resolve dispute
Explain the phrase letter of the law?
Refers to a strict interpretation of the law; exactly what the law says, not what was meant by the words.
What level of government is responsible for criminal law?
Federal government.
Define the term human rights?
The basic rights and freedoms to which all humans are entitled, often held to include the right to life and liberty, freedom of thought and expression, and equality before the law.
What does the word infringed me to lawyers?
Broken or violated.
May you discriminate on the basis of their job?
Yes.
What types of law are parts of private or civil law?
Tort, wills and estates, property, contract, family and labour law.
What does intent mean in terms of the law?
The purpose and impact of the law that the lawmakers had in mind.
Explain the term Royal assent?
The monarch or representative sign a bill to make it a law.
What is a Precedent?
Similar cases are to be decided in a like manner based on the first case of its kind.
Define statutes?
Laws or acts passed by a government body.
What is restitution?
Concept of using various means to compensate victims for their loss or suffering
What does interpretation mean what in terms of the law?
Apply law to a new fact or situation
