Legal Studies - PART A Flashcards
What are the charcteristics of effective laws?
- set out expected behaviour
- reflect the values of society
- a means to resolve disputes
When was the Magna Carta drafted?
1215
What was the Magna Carta?
A peace treaty between King John and a group of his barons who rebelled.
What was King John doing around the time of the Magna Carta that led his barons to rebel?
- cruel system
- excessive taxes
- huge military support
What did the Magna Carta establish?
Nobody not even the Monarch was above the law.
What did the Magna Carta lead to?
- trial by Jury
- outlawed detention without reason
- no taxes without reason
When did Captain Authur Phillip land in Sydney Cove?
1788
What occured when British settlers landed in Australia?
- Australia declared ‘terra nullius’
- no recognition of Aboriginal laws
- Indigenous Australians now bound by King George III’s laws
What would happen if a country was not declared to be ‘terra nullius’?
The colonial power had to negotiate and draw a treaty.
What does ‘terra nullius’ mean?
Land belonging to no one
What is a constitution?
A set of rules that specifies powers, responsibilities and roles of the governing bodies of a state/country.
When was the Federation of Australia?
1901
How did the Federation of Australia come about and what did it result in?
- need for set of rules governing the new Commonwealth of Australia
- resulted in the drafting of the constitution
True or False?
Each Australian state has its own constitution.
Bonus
England has a written constitution.
True
Bonus
False - England doesn’t have a written constitution.
What is Indigenous Customary Law?
- Governence of the people
- Court hearings held in a sorry camp
- Established before colonization
What does Customary Law allow for that Australian Law does not?
- Allows familes to grieve and for people to speak freely
- Australian Legal system (silence in the court)
What do Judges within Australian Law rely soley on?
Facts/Evidence
What did the British not recognise when they declared Australia to be ‘terra nullius’?
Indigenous Australian’s had Laws and therefore ownership
What happened in the High Court of Australia in 1992?
- Eddie Mabo
- ‘Native Title Act’ to High Court
- Australia already owned by Indigenous before colonization
What is the Rule of Law? What does it relate to?
- Doctrine: “all people are equal before the law”
- Central to Australia’s Legal System
To ensure the rule of law is upheld, what must all laws be?
- clear
- predictable
- accesible
In the eyes of the law is the defendent/accused person:
a) gulity because they look that way
b) guilty from the moment they walk into the court
c) innocent until proven guilty
What is this known as?
c) innocent until proven guilty
(presumption of innocence)
Who is subject to the law? What is this called?
- Everyone (regardless of status)
- including organizations
- equality before the law
Police Officer Jim, doesn’t really like Tom, and pleanty of people don’t like him either. Jim doesn’t have any evidence against Tom, but he’d like to arrest him anyway. What’s stopping Jim?
The Rule of Law: no one can be arrested without evidence or reason.
Remy can’t access information about a certain law he’s curious about. Lily who can access it, is having awful trouble trying to understand what it means for her life. James who’s Dad is a police officer doesn’t think the law is ever easy to put into action.
Identify the overall problem surrounding these three kids?
Rule of Law: All laws must be clear/known/enforceable
Who decides the punishment of the guilty?
The Court - but only in proportion to the offense
Are the police/government involved in the Court?
- Court is independent
- resolves disputes fair/public manner
What is the legal tradition of Australian society?
Laws are followed/enforced
How do we ensure trials are fair and that justice is achieved for victims/defendent (accused)?
- Judges independent/impartial
True or False:
People can’t voice their opinions on the law and are not allowed to discuss possible problems surrounding it?
False - people can speak freely about problems within the law
Free to assemble in public - MUST be peaceful
To change rules/laws within society what must happen?
- Rules are voted on
- Passed on to Parliment
- High court - official interpretation
- Nationwide referendum for change
What is a Bench Clerk’s role in a courtroom?
- sits infront of magistrate/judge
- assists with administration/legal research
What is the role of the Witness in the court?
- provide evidence for defense/prosecution
- must swear the oath/tell truth
What is the role of the Magistrate/Judge?
- presides over court
- instructs what the law is
- decides whether defendent is guilty/not
- addressed as “your honour”
What is the role of the Jury?
- 12 people
- name appears on the electoral roll (random)
- present at civil/criminal cases
- ‘trial by peers’
- decide whether the defendent/accused is gulity/not (unanimous - beyond reasonable doubt)
- ‘hung jury’ - jury that can’t do this (new jury and case begins again)
- only needed for indictable offences (serious offence)
What is the Prosecutor’s role in the Court?
- creates a case against defendant
- prove why defendant should be held responsible
Explain the Defence’s role in the Court?
- create a case to prove the defendant innocent
A defendant, who are they? What is their significance in a court case?
- accused
- reason the court is in session
What involvment do the public have in the court?
- observe proceedings silently
- encouraged to attend trials
True or False:
Certain Jury members can be removed to remove bias.
True
What is the Court Hirachy?
- High Court
- Supreme Court
- District/County Court
