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Legal Revision Flashcards

1
Q

What is anarchy?

A

The absence of law that leads to disorder

Contemporary examples include the French Revolution, protests, and European Settlement.

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2
Q

What is tyranny?

A

The act of oppressing harsh and cruel laws causing an absence of human rights, typically by government or higher authorities

Contemporary examples include North Korea under Kim Jong Un, Joseph Stalin, Adolf Hitler, Vladimir Putin, and The Taliban.

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3
Q

Define tyrant.

A

A person who is above the law.

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4
Q

What is totalitarianism?

A

A political system where a government has unlimited control, often led by a dictator or a single political party.

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5
Q

What characterizes authoritarianism?

A

The rejection of political plurality, the use of strong central power, and reductions in democracy and civil liberties.

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6
Q

What does ‘left’ typically represent in political terms?

A

Changes, often associated with progressive or communist ideas

Examples of followers include CNN News, ABC News, SBS News, Morning Herald, and The Guardian.

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7
Q

What does ‘right’ typically represent in political terms?

A

Resistance to change, focusing on what is better for the economy, often associated with conservative or capitalist ideas

Examples of followers include Fox News, 7 News, 9 News, and Daily Telegraph.

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8
Q

What are rules?

A

Guidelines that apply in a particular setting with consequences for a certain group of people.

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9
Q

Define ethics.

A

Rules that are informed by morals but apply in a professional setting.

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10
Q

What are morals?

A

Personal (subjective) opinions of what is right and wrong.

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11
Q

What are customs?

A

Rules that arise in a traditional or religious setting, which may not always have consequences.

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12
Q

What are laws?

A

Rules created and enforced by the state that apply to everyone, with consequences for non-adherence.

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13
Q

What is a conscience vote?

A

When every member of parliament can vote based on their opinion, independent of party lines.

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14
Q

What is the House of Representatives?

A

The lower house of parliament that operates as a majority government.

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15
Q

What does bicameral mean?

A

Having two houses of parliament.

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16
Q

What is a bill?

A

A draft legislation proposed in parliament.

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17
Q

What is a plebiscite?

A

A nation-wide vote about a piece of legislation that is not legally binding.

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18
Q

What is the role of parliament?

A

The mechanism that creates legislation.

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19
Q

What is the Senate?

A

The upper house of parliament.

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20
Q

What is considered unlawful?

A

Actions that come with consequences, such as termination of employment.

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21
Q

What is a criminal offence?

A

An act that incurs a criminal penalty, potentially leading to imprisonment.

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22
Q

What are declarations?

A

Official announcements made by the UN that are not legally binding.

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23
Q

What are treaties?

A

Legally binding agreements between nations.

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24
Q

Define human rights.

A

Basic entitlements that all human beings possess.

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25
What is restorative justice?
A system of criminal justice focusing on rehabilitation through reconciliation with victims and the community.
26
What is the rule of law?
'No one is above the law'; it ensures laws apply to everyone and prevents abuse of power.
27
What is the Magna Carta?
A document from 1215 that became a powerful symbol of liberty, stating that the law applies to everyone, including the king.
28
What are the three types of government powers?
* Parliament (law-makers) * Police (law-enforcers) * Courts (interpret the law)
29
What are the sources of law?
* The Constitution * Statute Law * Common Law * International Law * ATSI Law
30
What is the Constitution?
A document that sets up the structure of the legal system and divides powers between governments.
31
What is statute law?
Law made by parliament, also known as legislation or an Act.
32
What is common law?
Law derived from court cases and judicial precedents.
33
Define binding precedent.
A precedent from a higher court that must be followed.
34
What is persuasive precedent?
A precedent from a lower court that does not have to be followed.
35
What is the adversarial system?
A legal system where two parties are represented by lawyers and a judge acts as an impartial arbiter.
36
What is the inquisitorial system?
A legal system where the judge asks questions and makes decisions, with lawyers advising clients.
37
What is original jurisdiction?
The court where a case is heard for the first time.
38
What is appellate jurisdiction?
The court's power to hear cases on appeal.
39
What is the purpose of the Coroner's Court?
To ensure that all sudden, unexpected or unexplained deaths, suspected deaths, fires, and explosions are properly investigated.
40
What types of cases does the children's court hear?
Cases involving the care and protection, and criminal offending of children and young people.
41
What is a committal hearing?
A process in the Local Court where a magistrate considers the evidence the prosecution intends to use and decides if there is enough to take the matter to trial.
42
What factors determine whether a civil case is heard in the local or district court?
The seriousness of the case and the amount of money involved. * Local Court: cases up to $100,000 * District Court: cases from $100,000 to $750,000 * Supreme Court: cases over $750,000
43
What is the role of the Court of Criminal Appeal?
It is the State's highest court for criminal matters, where a person convicted or pleading guilty may appeal.
44
What types of cases does the High Court hear?
Cases that have been appealed from the Supreme Court and cases about the constitution.
45
What is the difference between state courts and federal courts?
State courts deal with State laws, while federal courts deal with laws across the country.
46
Which court has original jurisdiction to hear a murder case?
The Supreme Court.
47
Which court has appellate jurisdiction?
The Court of Criminal Appeal.
48
What is international law?
Law created by the UN or other intergovernmental organizations, distinct from domestic law.
49
Why is international law considered unenforceable?
Because of state sovereignty, no governing body can enforce international law.
50
What are the two main forms of international law?
Declarations and Treaties. * Declarations: not legally binding (e.g., UDHR) * Treaties: legally binding agreements (e.g., ICCPR)
51
What are human rights?
Basic entitlements that all human beings possess, inherent to us as human beings.
52
What does state sovereignty mean?
Each state (nation) is its own boss and no one can interfere with its affairs.
53
How many countries are represented in the UN?
193 countries.
54
What is one of the purposes of the United Nations?
To prevent the outbreak of war and avert world wars.
55
What is the role of the General Assembly in the UN?
To gather representatives from all nations to create resolutions for a better world.
56
What is the veto power in the UN Security Council?
If one permanent member disagrees with a resolution, it does not pass.
57
What is the International Court of Justice (ICJ) responsible for?
Resolving disputes between nations.
58
What does it mean to sign an international treaty?
To agree to what it says.
59
What does it mean to ratify an international treaty?
To apply some or all of the treaty.
60
What is restorative justice?
A system of criminal justice focusing on the rehabilitation of offenders through reconciliation with victims and the community.
61
What is the distinction between public and private law?
Public law governs the relationship between individuals and the state, while private law governs relationships between individuals.
62
What are the types of private law?
* Family Law * Property Law * Torts (duty of care) * Contract Law
63
What is administrative law?
Public law because it involves government organizations.
64
What are the conditions that lead to law reform?
Adverse events that occur that lead to a change in the law.
65
What are the mechanisms for changing the law?
The arms of government that can change the law, such as parliament and court.
66
Define Retrospective
Legislation which is introduced now but backdated to cover offences that occurred in earlier times

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