Legal studies Flashcards
what is democracy ?
A system of government where power is vested in the people, who rule either directly or through elected representatives.
What is jurisdiction?
The official power or authority to make legal decisions and judgments, often within a specific geographic area or type of case.
What is code?
A system of rules or principles, such as a set of laws (legal code)
What is justice?
The fair and impartial treatment of individuals, ensuring that laws are applied equally, and rights are protected.
What are equitable outcomes?
Fair results that take into account individual needs and circumstances to ensure everyone has equal opportunities for success.
What is the rule of law?
The principle that all individuals, including governments, are subject to and accountable under the law, which is applied fairly and consistently.
What is crime?
An act that violates the law and is punishable by the government through penalties such as fines, imprisonment, or other sanctions.
What is statute law?
A written law enacted by a legislative body, such as a parliament or congress, that governs legal rights and responsibilities.
What is common law?
A system of law developed through judicial decisions and precedents rather than through written statutes, where past court rulings guide future cases.
What is customary law?
A system of law based on traditions, customs, and practices that are accepted and followed by a particular community or society.
What is the onus/burden of proof?
The responsibility of a party in a legal case to prove their claims or allegations. In criminal cases, the prosecution has the burden of proving the defendant’s guilt beyond a reasonable doubt.
What is the standard of proof?
The level of certainty required to establish a fact in a legal case. In criminal law, the standard is “beyond a reasonable doubt,” while in civil cases, it is typically “on the balance of probabilities.”
What are the arms of government?
The three branches of government that carry out the functions of governance:
Executive – responsible for implementing and enforcing laws.
Legislature – responsible for making laws.
Judiciary – responsible for interpreting laws and administering justice.
What is the division of powers?
The distribution of authority and responsibilities among the different branches or levels of government (e.g., national, state, local) to prevent any one entity from having too much control
What is the Australian Constitution?
The document that outlines the structure of Australia’s government, defines the powers of the federal government and the states, and protects certain rights and freedoms. It came into effect on January 1, 1901.
What is the doctrine of precedent?
The principle that courts should follow the decisions made in previous similar cases. It ensures consistency and predictability in the law, with higher court decisions binding on lower courts.
What is the adversarial system?
A legal system in which two opposing parties present their case to an impartial judge or jury, who then makes a decision based on the arguments and evidence presented.
What is the inquisitorial system?
A legal system in which the court or judge plays an active role in investigating the case, gathering evidence, and questioning witnesses.
What is the purpose of law within society?
The purpose of law is to maintain order, protect individual rights and freedoms, resolve disputes, and ensure justice by setting clear rules and standards that govern behavior.
What is the difference between a rule and a law?
A rule is a guideline or principle set by an organization or group, often for internal behavior, and typically has limited enforcement. A law is a formal system of rules enacted by the government that applies to everyone in society and is enforceable by legal authorities.
What is the concept of just and equitable outcomes in criminal law?
The idea that criminal justice should be fair and impartial, ensuring that all individuals are treated equally before the law and that punishments are appropriate to the crime, taking into account circumstances and individual rights.
What are the characteristics of an effective law?
Clarity – The law must be clear and easily understood.
Fairness – It must apply equally to everyone and be just.
Enforceability – The law must be enforceable and have clear consequences.
Consistency – It should be applied consistently to ensure fairness.
Flexibility – The law should be adaptable to changing circumstances and societal needs.
Public Awareness – People must know and understand the law for it to be effective.
What are the sources of law in the Australian legal system
Sources of Law in Australia:
Constitutional Law – Laws established by the Australian Constitution.
Statute Law – Laws made by the parliament (legislation).
Common Law – Law developed through judicial decisions and precedents.
Customary Law – Traditional laws recognized by communities.
International Law – Treaties and agreements between countries.
what is the relationship between common law and statute law?
Statute law takes precedence over common law. Statutes passed by parliament can override common law principles. However, common law is still important for interpreting statutes and filling in gaps where no statute exists. The two systems work together to shape the law in Australia.
