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Legal Studies - The Legal System > Sources of Contemporary Australian Law > Flashcards

Sources of Contemporary Australian Law Flashcards

1
Q

Outline the origins of common law:
Developed in ____ by William the ____, King of England, in the 11th century before the parliamentary ____.

A
  1. England
  2. Conqueror
  3. System
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2
Q

Outline the origins of common law:
To settle disputes, everyone needed to go the ___ but there were too many disputes to settle so they made local ____ to decipher local disputes which applied local _____.
(These customs became rules courts based decision making of of for similar disputes)

A
  1. king
  2. courts
  3. customs
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3
Q

Order the hierarchy form lowest to highest

A

High court

Supreme court

District court

Local court

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4
Q

What is the jurisdiction of state courts? (local, district, supreme)

A

Have authority to judicial power over a State or Territory

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5
Q

What is the jurisdiction of federal courts? (high, federal, family, federal circuit)

A

Authority to judicial power of the commonwealth

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6
Q

The role of parliament is to make and change federal ___, represent the people of ______, give a place for the ________ to be formed, and keep ___ on the governments work.

A
  1. Laws
  2. Australia
  3. Government
  4. Check
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7
Q

Outline the structure of parliament

A
  • the House of Representatives
  • the Senate
  • the Governor-General
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8
Q

The House of Representatives is also known as…

A

the Lower House

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9
Q

Outline the legislative process of the Lower House:
- 1st ____
- 2nd ____
- ____ committee
- Consideration in ____
- 3rd ____
- ___ passed

A
  • 1st Reading
  • 2nd Reading
  • House Committee
  • Consideration in detail
  • 3rd Reading
  • Bill passed
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10
Q

Outline the legislative process of the Senate:
- 1st ___
- 2nd ___
- ____ committee
- Committee of the ___
- 3rd ___
- ___ passed

A
  • 1st Reading
  • 2nd Reading
  • Senate committee
  • Committee of the whole
  • 3rd Reading
  • Bill Passed
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11
Q

Outline the legislative process of the Governor-General:
- Royal ____
- Bill becomes an ___ __ _____

A
  • Royal Assent
  • Bill becomes an act of parliament
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12
Q

What is the function of delegated legislation?

A

To limit the power the Commonwealth and State has over law making authority
For administrative efficiency

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13
Q

List the areas that states are able to legislate (think of the division of powers)

A

Schools
Hospitals
Roads + Railways
Public Transport
Electricity + water + gas supply facilities
Mining
Agriculture
Forests
Community Services
Consumer Affairs
Police
Prisons
Ambulance Services

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14
Q

List the areas the Commonwealth can legislate according to section 51 of the Constitution

A

Trade + Commerce
Postal + Telecommunications services
Foreign Policy
Taxation
Census + Statistics
Weights + Measures
Bankruptcy + Insolvency
Quarantine
Lighthouses + Lightships + Beacons + Buoys
Fisheries
Currency
Copyright
Marriage
Immigration
Defence

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15
Q

Define the Division of Powers

A

The dividing up of law making authority between the 3 levels of government including the Commonwealth, States and Territories, and Local

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16
Q

Where does the Commonwealth get it’s law making authority from?

A

The constitution

17
Q

Where does the State get it’s law making authority from?

A

Residual powers
- what’s not mentioned in the constitution

18
Q

Where does Local (councils or shires) get it’s law making authority from?

A

Delegated legislation
- delegated by the state
- administrative efficiency

19
Q

Define the Separation of Powers?

A

The separating of the 3 functions of government that being:
- executive
- judiciary
- legislative

20
Q

What are the key purposes of the doctrines? (division + separation of powers)

A

To prevent the accumulation of power by a group or individual with the intent of preventing tyranny

21
Q

The High Court’s role in the interpretation of the constitution is…

A

to interpret and settle disputes on the constitution, consider federal laws and if the Aus. parliament has the power to make that law, and invalidate law that is unconstitutional

22
Q

Aboriginal and Torres Strait Islander People’s Customary Law:

Family and kinship is the relationship between individuals and their extended ___ or ___, and the bons of ____ that tie the group together

A
  1. family
  2. clan
  3. loyalty
23
Q

Aboriginal and Torres Strait Islander People’s Customary Law:

Mediation is when all parties in a ___ discus the matter to try ___ the problem

A
  1. dispute
  2. resolve
24
Q

Aboriginal and Torres Strait Islander People’s Customary Law:

Types of sanctions include:
- Social ridicule and ___
- Revenge
- Death
- Fighting and ___
- Inquest
- Trial by ___

A
  1. isolation
  2. insulting
  3. ordeal
25
Q

Aboriginal and Torres Strait Islander People’s Customary Law:

Describe the diverse nature of customary laws

A

A complex legal system developed over thousands of years based on traditions linked to kinship. Each clan had own variations of ATSI customary law.

26
Q

Aboriginal and Torres Strait Islander People’s Customary Law:

Land is ___ and is collectively owned. People saw their role as ___ of the land for future ___ of the group

A
  1. sacred
  2. custodians
  3. members
27
Q

Aboriginal and Torres Strait Islander People’s Customary Law:

Kinship is a reference to family _____ and extended family __. Traditional ways of ___ have been characterised by extended ___ networks living in close _____.

A
  1. relationships
  2. ties
  3. living
  4. family
  5. communities
28
Q

Domestic laws are within a ___ or ____
Enforced by ____
created by ______ or in courts

A
  1. state
  2. territory
  3. agencies
  4. parliaments
29
Q

International law is amongst _____ states or territories
Applies to countries which ___ to adopt it
Countries can ___ themselves from enforcement
Created though international _______

A
  1. multiple
  2. agree
  3. exempt
  4. negotiations
30
Q

State sovereignty is the states ___ to ___ itself without ____ interference from another ___

A
  1. power
  2. govern
  3. external
  4. nation
31
Q

Define international customary law

A

A document based on long-established traditions or common practices followed by enough nation states that it is considered fair and right by international standards

32
Q

Example of international customary law

A

The Rules of war prior to its formalisation in the Geneve Convention had long-held traditions of the treatment of POWs which was part of customary law

33
Q

Define instruments (declarations):

Declaration: formal statement of a party’s _____ on a particular ___

A

Declaration:
1. position
2. issue

34
Q

Define instruments (declarations):

Treaty: an international ______ between ___

A

Treaty:
1. agreement
2. states

35
Q

Define legal decisions

A

Decisions and disputes involving international law dealt with by the International Court of Justice (ICJ)

36
Q

What is the role of the United Nation?

A

to maintain global peace and security

37
Q

What is the role of courts and tribunals?

A

to resolve disputes

38
Q

What is the role of intergovernmental organisations (IGO)

A

to enhance political communication and cooperation

39
Q

What is the role of non-government organisations (NGO’s)

A

to promote political change and to reach a political social goal

Legal Studies - The Legal System (5 decks)

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