Law- not in sem2 exam Flashcards
Define a custom
A custom usually refers to something that is traditional or part of someone’s everyday life and is often something that is not thought about, or may be different in other places or countries.
For example: culture, eating at a table, driving on the left side of the road, eating habits- chopsticks/knife and fork, etc.
Define a rule
A rule refers to something that is less serious than law, and only applies to certain groups.
For example school, team, playground, game, club rules.
All of these groups will have a consequence or certain punishment for when breaking these rules.
Define a law
A law is a rule/regulation that is made and enforced by the government and applies to everyone.
Laws explain what our rights and responsibilities are and protect us and our property.
For example: Health standards, traffic/road conditions, locations of schools.
Explain the process taken to change a ‘bill’ into an act/law
The process to change the proposed ‘bill’ into an act/law is as follows:
Cabinet, First Reading, Second Reading, Committee Stage, Third Reading, and Passed to the other house (House of Representatives or the Senate) and discussed, any changes are made, then the two houses come to a compromise or an agreement. The bill is then signed by the Queen’s representative- governor general, and it then becomes an act of the Statute Government Law.
Who during the early laws, has partly shaped our legal system?
Moses/The 10 Commandments, King Hammurabi, King Henry II, Greeks and Romans all influenced our laws.
What are some examples of how early laws have influenced our current laws?
Some of the 10 commandments have become legal, the others religious and morals/customs.
King Hammurabi introduced The Code of Laws, consisting of very harsh laws.
King Henry II from England, introduced courts and a system of trial by jury. He then replaced the trial by ordeal with- someone was innocent until proven guilty.
Greeks were the first society to introduce a form of democracy and to allow elected leaders to make the laws.
What is statute law?
Statute law is a government law that is made by politicians in both state and federal parliaments
What are the two main types of law?
Statute law- govn.-made law- common law -judge-made law-
What is common law?
Common Law is a judge-made law, based in court situations.
Explain the process taken to change a ‘bill’ into an act/law
The process to change the proposed ‘bill’ into an act/law is as follows:
Cabinet, First Reading, Second Reading, Committee Stage, Third Reading, and Passed to the other house (House of Representatives or the Senate) and discussed, any changes are made, then the two houses come to a compromise or an agreement. The bill is then signed by the Queen’s representative- governor general, and it then becomes an act of the Statute Government Law.
What are the four types of courts, in order from less to most serious?
Magistrates’ Court, District Court, Supreme Court and High Court.
What are the two types of common- judge made- law?
Criminal and Civil Law
Describe criminal law
When people break our laws and the police become involved, the criminal justice system kicks in.
Eg. steal a car or murder
Describe a committal hearing
A short hearing in the magistrates court to determine:
if there’s enough evidence to proceed
if bail or remand is required before the court case
What is bail?
Bail is when the criminal is left out of jail before their court case, but is released on conditions they must follow.
Eg. time check in to the police station, location barriers etc.
They are arrested if they break these bail terms.
What is remand?
When the criminal is kept in jail before the court case because it is too dangerous to release them back into the community.
What are the simple steps to changing a bill to an act/law?
cabinet, 1st reading, 2nd reading, committee stage, third reading, Governor General signs, act/law
Describe precedent
When a judge makes a decision in a ‘new’, different case, a new precedent is set.
This then becomes the new ‘judge-made law’ that other judges will have to refer to from then on.
How can Aborigines legally claim land?
If they can show a continuous link to the land and have proof of that occurring.
What are the 5 types of criminal law?
protecting people protecting property protecting the nation and legal system Protecting Public Standards Traffic Laws
Give three examples of the protecting people law
murder, manslaughter, assault
Give three examples of the protecting property law
stealing, robbery, receiving stolen goods, fraud
Give three examples of the protecting public standards
armed in public, fighting/drinking in public, misuse of drugs, obstructing others
Give three examples of the protecting the nation and legal system
treason, perjury and contempt of court
Give three examples of the traffic law
lefthand side of the road, stop at stop signs, under the influence of alcohol or drugs while driving
Describe civil law
Civil law is sorting out disputes, which involve financial problems, lack of care by someone or physical/emotional injury.
What are the three types of civil law?
Contract, Family and the Law of Tort
Describe contract law
Is protecting people making agreements and contracts, which involve buying, selling or renting, or just buying an item from the shops
Compensating helps people who don’t get what they’re promised
Breach of contract is breaking a contract- paid compensation
What is breach of contract?
Breaking a contract, the person is paid compensation for it.
what is compensation?
Usually money that is paid for damage or injury of something
What are the types of Family law?
A set of laws for birth, adoption, death, marriage, divorce, care of children and wills
What are two main points about family law?
- For children who need protection/care and to overcome arising problems
- All births/deaths and marriages have to be recorded with the Registrar for Births, deaths and Marriages
What are the legal ages to marry?
18+ for males, 16+ for females
What is the Law of Tort?
The law for doing ‘wrong’ or not taking reasonable care.
Lack of care may cause injury, inconvenience or damage.
What are the four main actions that are covered by the Law of Tort?
Negligence, Nuisance, Defamation and Trespass
Define negligence
lack of care causing suffering
health and safety
Failure to care for the victim’s wellbeing is called failure to one’s duty of care.
Define nuisance
unreasonable disturbance or inconvenience that is just annoying!!
Neighbours cause damage: smell, smoke, loud noise/music
Define defamation
A good person’s name being ruined by false spread of information, that may impact on their social life or possible job prospects
-false rumours
what are the two types of defamation and which is which?
Libel: Written defamation
Slander: Spoken defamation
what is contempt of court?
swearing or interjecting, refusing to nod, when entering/leaving the court, or behaving inappropriately or badly is called contempt of court
what is perjury?
When a witness knowingly lies in front of the court, when they were not at the scene and can be proven they were not a witness/present at the scene of the crime
OR
Witnesses give evidence and answer questions under oath. if you are convicted of lying under oath, the crime is known as perjury.
What are trivial offences AKA?
Summary offences- less serious
What are indictable offences?
More serious crimes like rape or murder are known as indictable offences.
Manslaughter is…
causing death without intent
Murder is…
an intentional death
define precedent
Our court hierarchy also allows for us to continue to refer to the long list of “common law” past cases that help us keep court decisions as consistent as possible. Judges in lower courts are forced to base their decisions on the findings of judges in higher courts. This is known as following “precedence”:
what is the binding precedent?
Binding precedent (MUST follow the decision of a judgment from a higher court):
What is the persuasive precedent?
Give some examples:
Persuasive precedent (judges can be influenced or guided by decisions made in courts of the same level or a lower level). Eg. A district court judge in WA may consult the findings of a district court judge in NSW to help her out….assuming the two cases are similar
Describe an appeal
when there is a problem identified with the trial process and it is appealed to a higher court.
what is a plaintiff?
a person seeking damage/compensation
who is the defendant?
the person who is in the wrong- sued or on trial etc.
define a sanction
the penalty for the defendant if they are found guilty
