Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Legal Studies > Legal Studies Test > Flashcards

Legal Studies Test Flashcards

1
Q

What is a Premier?

A

A Leader of the political party

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the difference between Binding & Persuasive Precedent?

A

a) Binding precedent means that courts have to follow precedent from higher court.

b) Persuasive Precedent mean they dont have to but they can.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

what is the Prime Minister?

A

The Prime MInister is the leader of a political party that forms the government.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What principles do just laws need to follow?

A
  • Must refelct societys values
  • Must be Enforceable
  • Must be Known&Understood
  • Must not apply retrospectively
  • Must uphold the principles of Justice
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What court would hear a Murder case?

A

The Supreme Court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the difference between Appellate and Original Jurisdiction?

A

a) Appellate Jurisdictionmeans the court can hear matters on appeall.

b) Original Jurisdiction means the power of a court hear certain matters.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is Defamation?

A

A legal Term for action staken that damge someones reputation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is Precedent?

A

A precedent is a previous court decision that guides how judges decide similar cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the Court Hierachy?

A

1) High Court
2) Court of Appeal/ Criminal Appeal
3)Surpreme Court
4)District Court
5)Local Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the rule of law?

A

The rule of law is the principle that no one is above the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What stands for FIDI?

A

Facts- What events let to this case
Issue- What was being argued
Decision- What did the court decide
Impact- What impacts did this have on future

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the Commonwealth/Federal?

A

Terms that refer to Australian wide legal bodies,institutions and or laws.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is the Government?

A

The Government is the political party with majority seats in the lower house of parliment, Responsible for govening the country of state.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is Statue?

A

Law made by Parliment also called Legislation, Acts or Parliment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

How is Statue Made?

A

1) A Bill(A draft Law) is introduced into one House of Parliment
2)The BIll is debated and voted on in the House
3)The Bill is considered by the other House (Typically the upper house)of Parliment
4)The Bill is debated and voted on in the other house
5)If the Bill passes in both houses, it is sent to the Govenor-General for Assent(Expression of approval/or Aggreement)
6)The Govenor-General sign the bill,making it an Act of Parliment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is the Parliment?

A

Parliment is a body of elected representatives that debate, pass, amend, reject statue.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Nature of Justice:

A

1)Equality – Everyone is treated the same under the law.
2)Fairness – Decisions are just and unbiased.
3)Access – All individuals can seek legal protection and representation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is Bill?

A

Bill is a Draft Law that has not yet been passed by Parliment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is Anarchy?

A

Anachry refers to the absence of laws and government. (Without ruler)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is Tyranny?

A

Tyranny refers ti having a single leader holding absolute power in a situation/in state.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

5 differences between Laws and Rules:

A

1) Rules cannot be Legally Binding
2)Laws are for everyone whilst Rules arent
3)Laws have greater punishments(Legal)
4)Laws are created by Legal Bodies
5)Rules are very easy to change

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is “Stare Decisis”?

A

Meaning “The decision Stands” -The doctrine(Belief) that a decision must be followed by all lower courts.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is “Obiter Dictum”?

A

Comments made by The Judge in a case that are not directly relevant to the case and therefore not legally binding.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is “Ratio Decidendi”?

A

A word with Latin descent meaning decision, The reasoning for a Decision.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
What are the two Houses in NSW Parliment?
1) The Legislative Council 2) The Legislative Assembly
26
What are the 3 Principles of Law?
- Equality - Fairness - Access
27
Who is the Crowns REP?
Govener General.
28
How many People from each territory get into the Senate?
Three.
29
How many people from each State get into the Senate?
Twelve.
30
What is the Upper House of Parliment?
The Senate.
31
What is the Lower House of Parliment?
The house of Representitives.
32
What is the Upper house of the NSW Parliment?
The Legislative Council
33
What is the Lower house of the NSW Parliment?
The Legislative Assembly
34
How many people does each house of Rep Represent?
100,000- 120,000.
35
How long are you Elected into the house of Reps for?
Three Years.
36
What is the Commonwealth Parliment made of?
-House of Representitives -The Senate -The crown
37
How much money can the District court hold up to?
$750,000.
38
How much money can the Local court hold up to?
$100,000
39
Who are legal matters heard and determined by in Local Court?
Magistrates.
40
Role and Structure of Parliment?
Parliament's role is to make laws, represent the people, and oversee the government. Parliament's structurecan varie by state, generally includes an upper house and a lower house -Making Laws -Representing the People -Overseeing the Government
41
What is the role of the Courts?
Interpret laws passed by parliament and through their decisions make the common law. Example: Criminal Matter> Determine Guilt,Legal Decision,Liability
42
Who is involved in Courts?
Plaintiff(a person or company that makes a legal complaint)/Defendant, Judge,Jury,Prosecution and Defence,Witness,Solicitor+Barrister,Writer
43
What is Common Law?
"common law" refers to a body of law developed by judges through court decisions, based on precedents set in previous similar cases, essentially meaning "judge-made law" that fills in gaps where legislation doesn't exist
44
Define rules:
1) Guidelines set by an organization, group, or community to ensure order. 2) Breaking them may result in penalties, such as fines or exclusion. 3) Example: A school rule requiring students to wear uniforms.
45
Define Laws:
1)Formal, legally binding regulations created by governments. 2)Enforceable by courts; breaking them can lead to legal consequences. 3)Example: Traffic laws that require drivers to stop at red lights.
46
Define Values:
1)Personal or societal beliefs about what is right or important. 2)Not enforceable but influence behavior and decision-making. 3)Example: Honesty, kindness, and respect.
47
Define Ethics:
1)Moral principles that guide individual or professional behavior. 2)Can be personal or specific to a profession (e.g., medical ethics). 3)Example: A doctor maintaining patient confidentiality.
48
Characteristics of Effective Laws:
1)Clear & Simple – Easy to understand. 2)Fair & Just – Applied equally to all. 3)Enforceable – Realistically upheld. 4)Stable – Consistent but adaptable. 5)Protective – Safeguards rights.
49
Characterisitics of Nature of Justice:
1)Distributive – Fair resource distribution. 2)Procedural – Fair legal processes. 3)Retributive – Fair punishment. 4)Restorative – Focus on repairing harm. 5)Legal vs. Moral – Law vs. ethics.
50
Characteristics of Just Laws
1)Equality – Applies to everyone equally. 2)Fairness – Treats all fairly, without bias. 3)Enforceability – Can be upheld effectively. 4)Clarity – Easy to understand. 5)Protects Rights – Upholds human rights and freedoms. 6)Reasonable Punishments – Proportional to the offense. 7)Access – Everyone can use and benefit from the law
51
What is the structure of Parliment?
1)House of Representatives 2)The senate
52
NSW Court Hierachy, Including Jurisdiction of the Courts:
1)High Court of Australia – Final appeals, interprets the Constitution. 2)NSW Court of Appeal & Criminal Appeal – Reviews decisions from lower courts. 3)NSW Supreme Court – Serious criminal (e.g., murder) & civil ($750K+) cases; hears appeals. 4)NSW District Court – Handles criminal (e.g., manslaughter) & civil ($100K–$750K) cases. 5)NSW Local Court – Minor criminal (e.g., theft, traffic) & civil (up to $100K) cases. 6)Other Courts – Children’s Court, Coroner’s Court, Land & Environment Court, NCAT.
53
Common Law & Its Development:
- Common law is judge-made law based on precedents, not statutes. - Developed through court decisions (stare decisis – following past rulings). - Higher courts set binding precedents for lower courts. - Evolves over time to adapt to new legal issues.
54
Jurisdiction of the High Court of Australia:
- Final appeals, interprets the Constitution, resolves disputes between Commonwealth & states.
55
Jurisdiction of the NSW Court of Appeal & Court of Criminal Appeal:
- Hears appeals from the Supreme, District, and Local Courts.
56
Jurisdiction of the NSW Supreme Court:
- Handles serious criminal cases (e.g., murder, treason) & civil disputes over $750K; hears appeals.
57
Jurisdiction of the NSW District Court:
- Jurisdiction over criminal cases (e.g., manslaughter, sexual assault) & civil cases $100K–$750K; hears Local Court appeals.
58
Jurisdiction of the NSW Local Court:
- Deals with minor criminal offenses (e.g., theft, traffic violations) & civil cases up to $100K; no jury, magistrate-only hearings.
59
Jurisdiction of the Childrens Court:
- Juvenile cases
60
Jurisdiction of the Coronors Court:
- Investigates deaths & fires
61
Jurisdiction of the Land&Environment Court:
- Environmental & planning disputes
62
Jurisdiction of the NCAT (NSW Civil and Administrative Tribunal) Court:
- Small disputes & administrative reviews
63
Types of Matters The High Court of Australia will Hear:
- Final appeals, constitutional disputes, cases of national significance.
64
Types of Matters The Court of Appeal & Court of Criminal Appeal will Hear :
- Appeals from Supreme, District, and Local Courts.
65
Types of Matters The Supreme Court will Hear :
- Serious criminal cases (e.g., murder, treason) & civil disputes over $750K
66
Types of Matters The District Court will Hear :
- Serious criminal cases (e.g., manslaughter, sexual assault) & civil disputes $100K–$750K; appeals from Local Court.
67
Types of Matters The Local Court will Hear :
- Minor criminal matters (e.g., theft, traffic offenses) & civil cases up to $100K; heard by a magistrate (no jury).
68
Types of Matters The Childrens Court will Hear :
- Juevenial Cases
69
Types of Matters The Coronors Court will Hear :
- Unexplained deaths & fires.
70
Types of Matters The Land&Environemntal Court will Hear :
- Environmental disputes
71
Types of Matters The NCAT (NSW Civil and Administrative Tribunal) Court will Hear :
- Small civil disputes & administrative reviews
72
Explain the operation of Common Law:
- Judge-Made Law – Developed through court decisions rather than legislation. - Precedent (Stare Decisis) – Courts follow past rulings to ensure consistency. - Higher Courts Bind Lower Courts – Lower courts must apply decisions from superior courts. - Interprets & Fills Gaps in Legislation – Used when no statute exists or laws need clarification. - Evolves Over Time – Adapts to new legal issues and societal changes.
73
Meaning of Law:
- Law is a system of rules created by governments to regulate behavior, ensure order, and protect rights. It is enforced through courts, statutes, and common law precedents.
74
Define Law:
- Law is a set of rules and principles created by authorities to regulate behavior, maintain order, and ensure justice, enforced by courts and legal institutions.
75
Define Anarchy and Tyranny:
a) Anarchy – A state of lawlessness and disorder due to the absence of government or authority. b)Tyranny – Cruel and oppressive rule by a government or leader, often with absolute power and no regard for individual freedoms.
76
What is the Significance of the constitution in the Australian Legal Sytem?
- Establishes the framwoek for the government in australia & defines the powers of federal/state governments - Ensures seperation of powers & protects citizens rights
77
What is the Seperation of Powers?
- Divides governments into THREE branches: 1) Legislative (Make Laws) 2) Executive (Enforces Laws) 3) Judicial (Interprets Laws) - This structure helps prevent any one branch from gaining too much power. - Ensures Checks&Balences
78
What is a Referendum?
- A referendum is a public vote to approve or reject a proposed change to the Constitution. In Australia, a referendum requires a "double majority" a majority of voters nationwide and a majority in at least four out of six states for it to pass.
79
What are "Ultra Vires"
- Ultra vires is a Latin term meaning "beyond power." It refers to actions or laws made outside the legal authority of a person or body, such as a government or corporation. If a law or decision is ultra vires, it can be declared invalid by a court.
80
What is the Constitution?
- A set of rules and principles that guide the way Australia is Governed.
81
When was the Constitution passed?
- It was passed in 1901 by the british Parliment
82
What is a Bicameral System?
- A bicameral system is a two-house legislative structure, law-making power is divided into two chambers. In Australia, this includes: - Federal Level – House of Representatives (lower house) & Senate (upper house). - State Level (except QLD) – Legislative Assembly (lower house) & Legislative Council (upper house). It ensures checks and balances, prevents abuse of power, and allows for thorough review of legislation.
83
Who is responsibile for interpreting the constitutuon & resolving constitution disputes?
- The High Court
84
What must happen for a Referrendum to succeed?
- National wide vote, a majority of voters in at least 4 states must agree to the changes.
85
What does the The House of Representatives and senate do?
Elected representatives that pass,ammend,debate and reject statue
86
Identify the two houses of the Commonwealth Parliament.
The senate The House of representatives
87
What are electorates
All the people in a country or area who are entitled to vote in an election.

Legal Studies (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions