Legal Notions Flashcards
What is the official department that is in charge of administering duties levied by a government on imported goods?
Customs.
How do rules and laws differ?
Rules conduct procedure in an area, but are not always recognisable by law.
Laws are a ruling system that regulate the actions of all members in a community or country.
What is tyranny?
Cruel and oppressive government or ruling.
Explain Social Cohesion
The way things operate in an orderly fashion.
Define Anarchy
A state of disorder due to absence or no recognition of authority or control systems.
What are “just laws”?
Equal, fairly applied laws that are utilitarian and publicised. Just laws are not retrospective and are based on widely held values. This does not mean that it has an equal punishment for all, however.
What are most legal societies symbolised by?
Lady Justice. blindfolded for impartiality, scales to weigh up evidence presented and sword to carry out decisions.
What is “procedural fairness”?
The right to NATURAL JUSTICE.
For example: the right to participate in legal proceedings
The right for accusation to be known
The right to a hearing and impartial court
The right to test evidence in cross examination
The right to not have previous convictions held against you
What is arbitrary law?
A decision handed down by a judge and not one that is fixed by law.
What a the four rules of law?
Restriction of arbitrary law
Governments to act strictly within powers
Law must be known
Applied fairly
How does Australia abide by the key features of the rule of law?
By having: An independent judiciary Enforcement agency regulations Informations of allegations Never retrospective Govt. bound by constitution Human rights protected and maintained
What is common law?
Common Law is derived from English law and when no statute law is in place, common law is used to make decisions. Collection of legal precedence and rules from higher courts.
What is ratio decidendi?
The bound reason for decisions.
What is orbiter dicta?
Other statements made by judges about cases that may be taken into account but are not bound by law.
What is Australia’s system of court?
The adversary system. KEY FEATURES: English and Australian Two opposing sides argue case in front of impartial third party in court Can cross examine Have control of evidence Presided or jury decides
