Legal Flashcards

1
Q

Top part of the rule of law pyramid

A

Equality before the law

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2
Q

Second top part of the rule of law pyramid

A

Checks and balances of the use of power

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3
Q

Third part of the rule of law pyramid

A

Right to silence, Presumption of innocence, independence of the judiciary

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4
Q

Fourth part of the rule of law pyramid

A

Right to assemble, Access to justice, Freedom of speech, knowing the law

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5
Q

What year was Queensland upper house abolished?

A

1922

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6
Q

Queensland criminal code act came into force when?

A

1899

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7
Q

The magna carta was signed in what year?

A

1215

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8
Q

Clause 17 - date and description

A

Access to Justice - 1217

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9
Q

Clause 21 - date and description

A

Punishment should fit the crime - 1221

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10
Q

clause 40 - date and description

A

Due process - 1240

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11
Q

clause 45 - date and description

A

qualified + independant judiciary - 1245

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12
Q

When was the Habeus corpus act enacted

A

1679

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13
Q

when was the British bill of rights introduced

A

1689

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14
Q

When did captain cook introduce English and arrive in Australia

A

1788

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15
Q

The 4 Drug offences

A

Possession, Production, supplying, trafficking

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16
Q

A law that has not passed is called?

17
Q

What do laws need to become an act of parliment

A

Royal assent

18
Q

An indictable offence which is serious requires what type of hearing

A

comital hearing

19
Q

The standard of proof in a criminal case is

A

beyond reasonable doubt

20
Q

The standard of proof in a civil case is

A

Balance of probabilities

21
Q

The three areas in the separation of powers

A

Legislative, Executive, Judicial

22
Q

3 distinct features of laws

A

Made by authority, have consequences, Keep good order/behavior

23
Q

Two authorities that make laws

A

Parliament, court

24
Q

5 major influences on the creation of laws

A

Social, Economic, Political, cultural, Moral

25
What two elements must be present in a murder charge?
Mens rea, Actus reus
26
What does the adversarial system of justice mean?
Two parties in a dispute arguing in front of a judge
27
Civil and Criminal in Magistrates court
Civil - Disputes under $150k Criminal - Summary offences
28
Civil and Criminal in District court
Civil - Disputes between $150k and $750k Criminal - Indictable offences
29
Civil and Criminal in Supreme court
Civil - Disputes over $750k Criminal - Serious indictable offences