Legal Studies terms from practice test Flashcards
How can the UN influence law reform in Australia?
The UN sets international standards, and Australia may adopt UN treaties into domestic law, leading to reforms.
Scope of investigation by a law reform commission is determined by:
The government sets the scope through terms of reference for specific legal areas.
The two main types of parliamentary committees in Australia are:
Standing Committees (permanent).
Select Committees (temporary, for specific issues).
Public morality refers to:
Societal values about right and wrong, reflected in laws on obscenity, drugs, etc.
What is law reform?
The process through which laws are introduced, modified, or removed to ensure they align with society’s evolving values and needs.
Example of technological change that led to law reform
Cybercrime Act 2001: Amended to address online criminal activities, such as hacking, identity theft, and internet fraud, in response to advances in technology.
Difference between parliamentary committees and law reform commissions:
Parliamentary Committees: Investigate issues and report to government.
Law Reform Commissions: Research and recommend legal changes.
What are lobby groups and how can they influence law reform?
Lobby groups are individuals or groups that advocate for causes, influencing law reform by lobbying legislators
Methods: Lobby groups may use various strategies like providing research, organizing campaigns, meeting with politicians, or running public awareness campaigns.
Types of public law:
Constitutional, Administrative, Criminal, International Law.
Types of private law:
Contract, Tort, Property, Family Law.
Ways to seek review of an administrative decision:
Appeal to Administrative Appeals Tribunal (AAT) or judicial review by a court.
(internal review, external review, judical review)
Examples of common torts:
Defamation Act 2005 (NSW)
Others: Negligence, Trespass, Nuisance
What is an administrative decision?
a decision made by a government agency or official in the exercise of their powers.
These decisions typically involve applying the law to specific circumstances or individuals, such as granting permits, issuing fines, or determining eligibility for benefits.