Lecture 1 Flashcards
What is the law
A set of rules that regulate the activities and conduct of the members of society
Who is the law imposed by
Society’s governing institutions and enforced by its courts
What is the presumption of innocence
The person charged with the offence is not required to prove their innocence. Everyone is entitles to be presumed innocent until proven guilty
What is a legal instrument
A legal term describing any executed written document that can be formally attributed to is author. A document the t records and formally expresses a legally enforceable act, process or contractual duty, obligation, or tight and therefore evidences that act, process or agreement
What is subsidiary legislation
Includes things such as regulations, local laws, by-laws that may be referred to in the act (the doing part)
What is a primary legislation
Acts
Define a policy
A course or principle of action adopted or proposed by an organisation or individual
What are appointments under the act
Those with appointments to ‘investigate’ or ‘enforce’ the act
What is interpreting the law
The aim of interpretation of the statute/law is to find out the legislative intentions
Explain how new laws are written
- A proposal for a bill is made
2. A bill becomes a law only if it is passed by a majority vote in the House of Representatives and the Senate
How is the Statute law made
Made by
- Federal Parliament
- State Parliament
- Subordinate Authorities
How is the common law made
Judge made law
What is the statutory law
Laws passed by the parliament become statutes or Acts of Parliament
What is a common law
When an issue goes to court and there is no statute that covers it a judge will hear the case and issue a verdict. These are laws developed by judges, courts and similar tribunals, stated in decisions that have nominally decided individual cases but that in addition have presidential effects on future cases
What is the doctrine of precedent
Courts have developed a number of results to guide them in their application of the common law
Define civil law
Deals with the rights and obligations that people have in relation to each other, It is not enforced by the police. It deals with private disputes between private people or organisations
Define criminal law
Exists to impose sanctions on citizens whose conduct is considered unacceptable enough to deserve punishment by the state
Explain Torts Law
Is a civil wrong, other than a breach of contract. A tort is a civil wrong for which the innocent party is entitled to claim damages
Define Law of Tort
Legal injury and compensation. Injury may be physical, economical, emotional or reputational
Define negligence
Breaking the duty of care owed by one to another
What must Plaintiff prove
- They are/were owed a duty of care
- That there has been a dereliction or breach of that duty
- That this dereliction/breach directly caused the injury as a result of breaking the duty of care
- Damages ere suffered
- That there is a proximate cause
Define the duty of care
Legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action of negligence
Define defamation
The action of damaging the good reputation of someone; slander or libel
What is the remedy of Tort
The two principal remedies available to the victim of a tort are
- Damages to compensate for the harm he has suffered
- An injection to prevent further harm where appropriate
Define Vicarious Liability
Refers to a situation where someone is held responsible fro the actions or omissions of another person
