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Legal Studies > Revision > Flashcards

Revision Flashcards

1
Q

What are Laws?

A

Laws are a system of rules created to regulate behaviour, they are enforced through social or governmental institutions to regulate behaviour

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2
Q

Laws are influenced by values and ethics when…

A

Enough people pressure governments into implementing Laws to satisfy their opinion

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3
Q

Characteristics of just laws are…

A 
Equal/fair
Non retrospective
Minimal delay
Known
Ultra 
Justifiable
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4
Q

Procedural fairness is…

A 
The right to:
Participate in hearings
Know charges
Have a hearing
Be free of bias
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5
Q

Tyranny is…

A

Cruel and oppressive government

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6
Q

Common Law…

A

Born by king Henry II, 1154.
Ability of judges to make laws
Started with a ‘Chancellor’ who would hear cases on the kings behalf.

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7
Q

Equity Law is…

A

A branch of law concerned with previous decisions on cases.

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8
Q

Precedent is…

A

Is created by the way judges interpreted previous decisions on cases. (based upon existing law)

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9
Q

The Adversarial system is…

A

(Common method of civil court procedures)

The method of having two opposing sides come before an independent court to prove allegations.

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10
Q

Statute law is…

A

made by two houses of parliament, these laws start as bills and are passed by two houses of parliament.

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11
Q

The role of parliament is…

A

To pass laws

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12
Q

The house of representatives has…

A

150 members from all parties who make and amend laws.

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13
Q

The legislatives process…

Gov and Private

A

Draft—First reading—Lies before parliament—Second reading—Third reading—Committee stage (parliamentary debate).

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14
Q

Delegated legislation is…

A

Made by Government agencies and the Governer-General under authority of parliaments, which delegates this power to agencies.

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15
Q

Separation of powers is…

A

Legislation which divides the institutions of government into three branches Legislative, Executive and judicial.

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16
Q

The role of the high court is…

A

To deal with matters involving the constitution, exercise its original jurisdiction and act as a final court of Appeal.

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17
Q

Aboriginal and Torres Straight islander law…

A

Orally based
Based on ritual and traditions
family and kinship ties
Agreement on laws throughout the hole group

18
Q

International Law…

A

Governs the behaviours of countries and cross border situations.

19
Q

Domestic law…

A

Arises from legislative that is created by a group of people within one country.

20
Q

State sovereignty…

A

Is the concept that states are in complete control of all the people and property in their state.

21
Q

international customary law…

A

International obligations arising from established international practices.

22
Q

A declaration is…

A

A formal or explicit statement which was announced

23
Q

A Treaty is…

A

An agreement between sovereign states and sometimes international organisations which is binding at international law.

24
Q

Role of the UN…

A

Preserve international peace and security.

25
Q

Inter-government organisations are…

A

Composed of sovereign states.

26
Q

nongovernment organisations are…

A

A non-government organisation, E.G.

Greenpeace

27
Q

Public law is…

A

AKA Statute law, and regulates the relationship between the state and individuals. INCLUDES:
Criminal law
Administrative law
Constitutional law

28
Q

Criminal law…

A

Law relating to crime

29
Q

Administrative law…

A

Regulates government decision making

30
Q

Constitutional law…

A

Supreme law of which protects human rights.

31
Q

Private law is…

A

AKA Common law or Civil law, deals with issues relating to individuals. INCLUDES:
Contract law
Tort law

32
Q

Contract law…

A

An agreement between private parties creating mutual obligations which are enforceable by law.

33
Q

Tort law…

A

A wrongful act resulting in injury or damages.

34
Q

Criminal court procedures…

A

Arrest–Bail–Prelim Hearing–Pre Trial–Trial–Sentencing–Appeal.

35
Q

Constitutions that give rise to law reform…

A

Law reform commission of NSW
and
Australian Law reform commission

36
Q

Mechanisms of reform…

A

Parliament, House of Representatives and senate.

37
Q

Terra Nulus…

A

Land legally unoccupied or inhibited.

38
Q

Role of federal parliament…

A

defence and foreign affairs, trade, commerce and currency, immigration, postal services, telecommunications and broadcasting.

(Deal with international affairs)

39
Q

Measures of effectiveness…

A

Outcome
Time
Money

40
Q

Alternative measures of dispute…

A

Co-Mediation
Negotiation
Arbitration

41
Q

Royal Commission…

A

Singles onto one issue
Are independent to the government
Can hold public hearings
Make recommendation’s to the government.

Legal Studies (4 decks)

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