Part 1: the law

Question 1

Define law 👮🏼

Answer 1

A set of rules imposed on all members of a community that are officially recognised, binding and enforceable by persons or organisations such as the police and/or courts

Question 2

Define values🧑🏼‍🦯

Answer 2

principles, standards or qualities considered worthwhile or desirable within a society

Question 3

Define rules 🦺

Answer 3

regulations or principles governing procedure or controlling conduct

Question 4

Define ethics 👍🏼

Answer 4

doing the right thing

Question 5

Define values 🍔

Answer 5

Principles or standards of behaviour; ones judgement on what is important in life

Question 6

what are the characteristics of just laws 🎯

Answer 6

• allow everyone to receive fair treatment and outcomes
• human rights are recognised

Question 7

characteristics of nature of justice 🐛

Answer 7

• involves the central concepts of fairness, equality and justice
• allows us to distinguish between good and bad law

Question 8

define procedural fairness 🌂

Answer 8

refers to the idea that there must be fairness when resolving disputes. Examples, the right to be heard, the right to an unbiased decision etc.

Question 9

define rule of law 🙅🏻‍♂️

Answer 9

nobody is above the law (nobody!!)

Question 10

what is anarchy? 🪓💣

Answer 10

a state of chaos and disorder as a result of no rules or laws

Question 11

what is tyranny? 🧍🏼‍♂️🔮

Answer 11

a single leader who has unlimited power

Question 12

2. SOURCES OF CONTEMPORARY AUSSIE LAW 🦸🏻‍♀️
   (not a question)

Answer 12

Good job!! you made it to the second unit in the first part of year 11 legal
woo hoooooo!!!

Question 13

what is common law? 🙂

Answer 13

laws created in court; decisions made by judges. Also known as case law

Question 14

what are the origins of common law? 🤴🏻

Answer 14

the king sent out travelling judges to hear cases in his name. Over time they kept record of cases and other judges used previous decisions for their case. It became more COMMONly used across the country.

Question 15

hierarchy of state government🧍🏼‍♂️

Answer 15

land + environment NSW court of appeal industrial relations commission
SUPREME drug court
coroner’s court DISTRICT children’s court
LOCAL

Question 16

hierarchy of federal court 👨‍👩‍👦‍👦👨‍👩‍👧‍👧

Answer 16

full court of high court
full court of family court - family court -federal circuit court
high court
full court of federal - federal court

Question 17

outline the structure of parliament 🧖🏻‍♂️

Answer 17

STATE. PARLIAMENT. COMMONWEALTH
governor - queen - governor general
legislative council - upper house - senate
legislative assembly - lower house - house of representatives

Question 18

outline the legislative process ✍🏼

Answer 18

need for law –> bill drafted –> 1st reading introduced –> 2nd reading - speech and debate –> 3rd reading - voting –> passed to another house –> if passed - queens rep for royal asset
and thats it - very simple

Question 19

define delegated legislation 🙅🏻‍♂️–> 🙎🏻

Answer 19

made by non parliamentary bodies. It involves ‘less important’ laws that parliament does not have time to pass.

Question 20

what is division of powers? 🙍🏽‍♂️ 🙍🏻‍♀️

Answer 20

the process of splitting powers in Australian constitution to make laws between STATE AND FEDERAL.

Question 21

what is separation of powers? 🙎🏻 🙎🏼‍♀️ 🙎🏼‍♂️

Answer 21

THE PARLIAMENT (makes and amends the law), THE EXECUTIVE (puts law in action) and THE JUDICIARY (makes judgements about the law)

Question 22

what is the role of the high court? 👩🏻‍⚖️

Answer 22

interpret and apply Australian laws
decide cases of federal significance
hear appeals from state, federal and territory courts

Question 23

what is original juridiction? 🥇

Answer 23

to hear new cases first
supreme court has original jurisdiction ; state sues a state

Question 24

what is appellate jurisdiction? 💨

Answer 24

to hear appeals from other courts
most cases get to supreme court this way

Question 25

define Aboriginal and Torres Strait Islander peoples customary law? 🛶

Answer 25

laws developed over time to regulate society, based on tradition and accepted laws. Inextricably linked to the dreaming - stories that explain every aspect of ATSI life.
it is passed through generations - family kinship, communications through rituals, stories, songs, dance etc.

Question 26

how has ATSI customary law been integrated into our society? 🖇

Answer 26

circle sentencing - an alternate consequence for ATSI people. Under Circle Sentencing, the magistrate works with Aboriginal elders, victims and the offender’s family to determine an appropriate sentence. only been implemented in Dubbo and Walga

Question 27

domestic law? 🧤

Answer 27

laws made by individual countries, binding on citizens (death penalty in America)

Question 28

international law? 🇲🇶

Answer 28

laws or relationships made between countries (e.g. trade and commerce, peace and security)

Question 29

define state sovereignty 🤍

Answer 29

nation states being in control of their own affairs. influence on recognition, protection or enforcement of such rights.

Question 30

sources of international law (3) 🗄

Answer 30

INTERNATIONAL CUSTOMARY LAW- abolition of slavery, condemnation of slavery, prisoners of war
INSTRUMENTS - treaties (bilateral or multilateral) or declarations (a formal statement of a parties position)
LEGAL DECISIONS - the united nations (UN), international court of justice (ICJ) - soft law (in the process of law developing into international law)

Question 31

what is NATO? 💙

Answer 31

NATO (North Atlantic Treaty Organisation) is an intergovernmental organisation (IGO). their purpose is to guarantee the freedom and security of its members through political and military means.
NATO is committed to the peaceful resolution of disputes.

Question 32

What is amnesty international? 🧡

Answer 32

Amnesty International is a non-governmental organisation (NGO) who has a presence in over 150 countries around the world. They challenge injustice, stand with people and communities who come under attack, encourage governments and others to respect human rights and raise awareness of the international standards that protect us all.