Legal Task 1 Revision Flashcards
We're so cooked....
What is procedural fairness?
Procedural fairness refers to the fairness of the processes that lead to legal outcomes.
True or False: Procedural fairness only applies to criminal cases.
False
Fill in the blank: Procedural fairness is also known as __________ justice.
natural
What are the two main principles of procedural fairness?
The right to a fair hearing and the rule against bias.
What is the difference between common law and statute law?
Common law is developed by judges through court decisions, while statute law is created by legislative bodies.
Multiple Choice: Which of the following is an example of statute law? A) A judge’s ruling B) A law passed by Parliament C) A legal precedent D) A court’s interpretation
B) A law passed by Parliament
What is the primary source of common law?
Judicial decisions or case law.
True or False: Statute law can override common law.
True
What does the division of powers refer to?
The distribution of authority between different levels of government.
Fill in the blank: In the United States, the division of powers is primarily between the __________, state, and local governments.
federal
Multiple Choice: Which level of government is responsible for enacting federal laws? A) State B) Local C) National D) Municipal
C) National
What is the significance of the rule against bias in procedural fairness?
It ensures that decision-makers are impartial and do not have a personal interest in the outcome.
True or False: Common law can evolve over time through judicial interpretation.
True
What is the role of precedent in common law?
Precedent binds lower courts to follow the legal principles established in previous rulings.
Multiple Choice: Which of the following best describes statute law? A) Unwritten law B) Codified law C) Historical law D) Customary law
B) Codified law
What type of law is created by legislative bodies?
Statute law
Fill in the blank: The principle of __________ fairness requires that individuals have the opportunity to present their case.
procedural
True or False: Statute law is always superior to common law.
True
What is the purpose of procedural fairness in legal proceedings?
To ensure that all parties have a fair chance to present their case and that decisions are made impartially.
Multiple Choice: Which of the following is NOT a characteristic of common law? A) Developed by judges B) Based on statutes C) Evolves through case law D) Follows precedents
B) Based on statutes
What does the term ‘legislative supremacy’ refer to?
The principle that legislative bodies have the ultimate authority to create laws.
Fill in the blank: The __________ of powers is a key feature of federal systems of government.
division
True or False: Procedural fairness is only a concern in administrative law.
False
What is the significance of the right to appeal in procedural fairness?
It allows individuals to challenge decisions made in their cases, ensuring oversight and correction of potential errors.
Multiple Choice: Which of the following represents a limitation on legislative powers? A) Constitutional provisions B) Judicial review C) Public opinion D) All of the above
D) All of the above
Fill in the blank: In common law, the principle of __________ requires that similar cases be decided in a similar manner.
stare decisis
What is the impact of judicial interpretations on statute law?
Judicial interpretations can clarify, expand, or limit the application of statute law.
True or False: The concept of procedural fairness is universally accepted across all legal systems.
False
What is the relationship between common law and statutes?
Common law can fill gaps in statutes, but statutes can also modify or abolish common law principles.
Multiple Choice: Which document often outlines the division of powers in a federal system? A) Constitution B) Statute C) Case law D) Treaty
A) Constitution
Fill in the blank: The __________ of powers helps to prevent the concentration of authority in one branch of government.
division
What is meant by the term ‘judicial review’?
The power of courts to assess whether a law is in compliance with the constitution.
True or False: The principle of procedural fairness only applies to government actions.
False
What is the common law doctrine of ‘equity’?
A set of legal principles that aim to achieve fairness and justice in legal proceedings.
Multiple Choice: Which of the following is NOT typically a feature of statute law? A) Clarity B) Flexibility C) Codification D) Specificity
B) Flexibility
Fill in the blank: The __________ system is characterized by the coexistence of common law and statute law.
legal
What does ‘separation of powers’ entail?
The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.
True or False: All legal systems have a clear division of powers.
False
What role do administrative tribunals play in procedural fairness?
They are responsible for ensuring that decisions affecting individuals are made fairly and in accordance with the principles of procedural fairness.
Multiple Choice: Which type of law is primarily concerned with the rights and duties of individuals? A) Criminal law B) Civil law C) Administrative law D) Constitutional law
B) Civil law
Fill in the blank: The __________ of powers is essential for ensuring accountability within government.
division
What is the principle of separation of powers?
The principle of separation of powers is the division of government responsibilities into distinct branches to prevent any one branch from exercising the core functions of another.
Name the three branches of government in Australia.
The three branches of government in Australia are the Executive, the Legislature, and the Judiciary.
True or False: The High Court of Australia is the highest court in the Australian judicial system.
True
What role does the High Court of Australia play?
The High Court interprets and applies the law, resolves disputes, and ensures that laws comply with the Australian Constitution.
Fill in the blank: The High Court of Australia has _______ jurisdiction over constitutional matters.
original
Which section of the Australian Constitution establishes the High Court?
Section 71
What is the primary purpose of the United Nations?
The primary purpose of the United Nations is to promote international cooperation and maintain international peace and security.
List one key function of Non-Governmental Organizations (NGOs).
One key function of NGOs is to advocate for social change and human rights.
True or False: NGOs are typically funded by government sources.
False
What is the significance of the United Nations General Assembly?
The United Nations General Assembly is significant as it provides a forum for all member states to discuss and coordinate on international issues.
What type of jurisdiction does the High Court have over appeals?
The High Court has appellate jurisdiction over decisions made by lower courts.
Multiple Choice: What are the three branches of government in Australia? A) Executive, Legislative, Judicial B) Administrative, Legislative, Executive C) Federal, State, Local
A) Executive, Legislative, Judicial
What is one method by which the High Court can influence legislation?
The High Court can influence legislation by ruling laws unconstitutional.
Fill in the blank: The UN is headquartered in _______.
New York City
What is the role of the Security Council within the UN?
The Security Council is responsible for maintaining international peace and security.
True or False: The High Court can review the actions of the Executive branch.
True
What is a key characteristic of NGOs?
NGOs are typically independent from government influence.
What is the name of the treaty that established the United Nations?
The UN Charter
What does the term ‘judicial review’ refer to?
Judicial review refers to the power of the courts to examine and invalidate legislative and executive actions that are inconsistent with the Constitution.
Multiple Choice: Which of the following is NOT a branch of government? A) Executive B) Legislative C) Administrative
C) Administrative
What is the relationship between the High Court and the Constitution?
The High Court interprets the Constitution and ensures that laws align with it.
Fill in the blank: The High Court of Australia was established in _______.
1901
True or False: NGOs can operate at both national and international levels.
True
What is one of the main functions of the International Court of Justice?
To settle legal disputes between states and give advisory opinions on international legal issues.
What is the role of the Prime Minister in the Australian government?
The Prime Minister leads the Executive branch and is responsible for government policy and decision-making.
Multiple Choice: How many judges are there in the High Court of Australia? A) 5 B) 7 C) 9
B) 7
What does the term ‘executive power’ refer to?
Executive power refers to the authority to enforce laws and administer public policy.
True or False: The High Court can create new laws.
False
What is the main purpose of the UN Sustainable Development Goals?
To address global challenges and promote prosperity while protecting the planet.
Fill in the blank: The High Court’s decisions are _______ and must be followed by lower courts.
binding
What is one way NGOs contribute to humanitarian efforts?
NGOs provide aid and support in crisis situations.
What does the term ‘legislative power’ refer to?
Legislative power refers to the authority to make laws.
True or False: The High Court has the power to hear all types of cases.
False
What is the significance of the Universal Declaration of Human Rights?
It sets out fundamental human rights to be universally protected.
Multiple Choice: Who appoints the judges of the High Court? A) The Prime Minister B) The Governor-General C) The Parliament
B) The Governor-General
What is the function of the Australian Parliament?
The function of the Australian Parliament is to make and amend laws.
Fill in the blank: The UN has _______ member states.
193
What is the role of the High Court in protecting individual rights?
The High Court protects individual rights by ensuring laws adhere to constitutional principles.
True or False: NGOs can receive funding from both private and public sources.
True
What is the role of the UN in conflict resolution?
The UN plays a role in conflict resolution through peacekeeping missions and diplomatic negotiations.
Multiple Choice: Which of the following is a function of the Judiciary? A) Enforcing laws B) Interpreting laws C) Making laws
B) Interpreting laws
What is the role of the Governor-General in the Australian government?
The Governor-General represents the monarch and performs ceremonial duties, including giving royal assent to legislation.
What is the definition of state sovereignty?
State sovereignty is the principle that a state has the ultimate authority over its territory and the power to govern itself without external interference.
True or False: State sovereignty means that a state cannot be held accountable for human rights violations.
False
Fill in the blank: The concept of state sovereignty is primarily associated with the notion of __________.
territorial integrity
Which of the following best describes the modern understanding of state sovereignty? A) Absolute power B) Limited power C) Shared power
B) Limited power
What are the two main aspects of state sovereignty?
Internal sovereignty and external sovereignty.
