legal term 1 Flashcards
What are customs?
Rules that arise in a traditional or religious setting. They may not always have consequences.
Customs can vary widely between cultures and may not be formally codified.
Define morals.
Personal (subjective) opinion of what is right or wrong.
Morals can differ greatly between individuals and societies.
What are rules?
Rules only apply in a particular setting and the consequences only apply to a certain group of people.
Rules are often established by groups or organizations and can be changed.
What is the definition of ethics?
Rules that are informed by morals but apply in a professional setting.
Ethics guide behavior in professional contexts, such as medicine or law.
What is law?
Rules created and enforced by the state and apply to everyone. Not adhering to them results in consequences.
Laws are formally enacted and can lead to penalties such as fines or imprisonment.
Nature of Justice
Public safety
Victim satisfaction
Stopping abuse of power
Resolve disputes
Exclusive possession
Right to purchase
Rule of Law
No one is above the Law
What is the Magna Carta?
The Magna Carta established the rule of law and the idea that all citizens, including those in power, should be fairly and equally ruled by the law.
Separation of Powers
All have to be separated otherwise one or two of them will have too much power.
The purpose is to keep each other accountable
Parliament
Police
Courts
Parliament
the mechanism that creates legislation - Law makers, legislature
Police
Law – enforcers, the executive (Ministers)
Courts
Apply law, Interpret the law, Judiciary (judges, lawyers)
The Constitution
A document that establishes the structure of our legal system.
Sets up the separation of powers.
Division of Powers
Sets up the Federal gov. (Canberra) and State Governments (one government for each state)
what is Federal Government responisible for
Exclusive Powers – Federal Crimes, Military, Customs, Currency, Trade, Immigration
State Government
Residual (Left Over) powers – Health, Education, Transport, Crime
Referendum
Only way to change the constitution, Nationwide vote, The outcome is legally binding (has to be followed)
What is an ‘original jurisdiction’ case?
The court where a particular matter is heard for the first time has ‘original jurisdiction’
Statute Law
Law made by parliament.
How does legislation get made?
The bill is introduced to the House of Reps if approved it goes to the Senate where they then vote on the bill. If passed the Governor general signs the bill (Royal Assent)and the bill becomes a law.
What are the two houses of parliament?
The Upper house is the Senate – No majority (to promote rule of law)
The Lower house is the House of Reps (Prime Minister) - Majority represented
Conscience vote
when every member of parliament can vote based on their opinion and doesn’t have to vote with their party
House of Reps
lower house of parliament that is a majority government
Bicameral
2 houses of parliament
