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Legal revision Flashcards

1
Q

What is the magna carta?

A

A document developed for King John to ensure he does not abuse his power and followed the law

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2
Q

When and who made the magna carta?

A

The barons (lowest form of nobility) of King John in 1215

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3
Q

Why is the magna carta still relevant today?

A

To ensure that people in power are following the law (as stated in clause 39, Magna Carta)

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4
Q

What is the Rule of Law

A

Rule of Law ensures that all people are to follow the law as well as, all people being equal before the law.

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5
Q

What are the four key aspects of the rule of law?

A
  1. Laws must be clear.
  2. Laws must be accepted by all citizens.
  3. Laws must be known.
  4. Laws must be seen to be applied fairly.
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6
Q

What is the purpose of Habeas Corpus ACT?

A

To ensure that no one could be arrested unlawfully and giving prisoners the right for a trial.

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7
Q

When did the Habeas Corpus ACT come into action

A

1679

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8
Q

What is the purpose of the English Bill of Rights?

A

It organised the rights of common people while restricting the rights of those in power.

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9
Q

What are the rights outlined in the English Bill of Rights? (list at least 2)

A
  1. The Monarch could not suspend laws without the consent of Parliament.
  2. Only Parliament was able to levy taxes.
  3. Parliament authorizes the existence of a standing army.
  4. The right to bear arms according to the law.
  5. Elections of members of parliament is to be free.
  6. Freedom of speech.
  7. No excessive Bail.
  8. Parliament must meet frequently.
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10
Q

When did the English Bill of Rights come on actions?

A

1689

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11
Q

What is the constitution?

A

A document which establishes structure and the powers of the government.

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12
Q

What is the purpose of the English Bill of Rights?

A

It organised the rights of common people while restricting the rights of those in power.

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13
Q

What is the purpose of the English Bill of Rights?

A

It organised the rights of common people while restricting the rights of those in power.

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14
Q

What is the purpose of the English Bill of Rights?

A

It organised the rights of common people while restricting the rights of those in power.

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14
Q

What is the purpose of the English Bill of Rights?

A

It organised the rights of common people while restricting the rights of those in power.

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15
Q

What the the three levels of government?

A

Federal, state and local

16
Q

What are the three separation of powers within the legal system?

A

Legislative, Judicial and Executive

17
Q

What is the purpose/role of the federal government?

A

To govern the whole country and make laws for the which affect the entire nation. Their role include (but are not limited to):
1. immigration and marriage
2. Foreign affairs
3. Defence
4. Taxation

18
Q

What is the purpose/role of the state government?

A

To make laws which affect the specific state governed
Their roles include (but are not limited to):
1. healthcare
2. education
3. major roads/railways
4. electricity
5. mining and agriculture

19
Q

What is the purpose of the legislative government?

A

To make laws (bills) and change existing ones

20
Q

What two groups make up the legislative

A

House of Representative
Senate

21
Q

What is the purpose/role of the local government?

A

They look after certain regions which they have been given jurisdiction over. Their roles include (but are not limited to):
1. local roads
2. parks
3. libraries
4. rubbish collection
5. pet control

22
Q

What is the purpose of the executive government?

A

To put laws made by the legislative into action.

23
Q

Who is involved in the executive?

A

Police force, ministers and the king

24
Q

What is the purpose of the Judiciary?

A

To make judgements about the law

25
Q

Define checks and balances?

A

the counterbalance within political parties - ensuring no section has greater power than the other

26
Q

What is common law ?

A

law developed by judges on a case by case basis

27
Q

What is statue law?

A

A bill proposed for changing or making a law after is has passed parliament.

28
Q

What is a referendum?

A

A vote held to change the constitution

29
Q

What does in mean when ‘a double majority is required to pass a referendum?’

A

Both a majority of people in the nation need to vote yes as well as a majority of states.

30
Q
A

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