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Legal Studies - Year 11 Yearly > Term 1 - Introduction to Law > Flashcards

Term 1 - Introduction to Law Flashcards

1
Q

What is contract law?

A

An agreement between two parties recognised by law.

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2
Q

What are the three branches of government? What are their roles? (Separation of powers)

A

Legislative - makes laws
Executive - administers laws
Judicial - interprets and applies laws

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3
Q

What is customary law?

A

Principles and procedure that have developed through general usage according to customs of a people or nation. (eg: Aboriginal customary laws)

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4
Q

What is the difference between the matters dealt with in District and Supreme Courts?

A

District Court deals with serious criminal matters/indictable offences, but not murder and sexual assualt.
Supreme Court, on the other hand, deals primarily with murder and sexual assault, as well as other serious offences.

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5
Q

Define Law.

A

Set of rules imposed on all members of a community which are officially recognised, binding on all citizens and legally enforceable.

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6
Q

What is deligated legislation?

A

Laws made by a body other than parliament but with the authority given to it by parliament.

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7
Q

What is the difference between the division of powers and separation of powers?

A

Division of powers - the division of legislative power (power to make laws) between State and Federal Government.
Separation of powers - separates powers into 3 separate and independent branches of government (legislative, judicial and executive)

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8
Q

Defines what “appeals” are.

A

Happens when one of the parties are not satisfied with a decision made in a lower court, so they then can appeal it to the next court in the hierarchy.

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9
Q

What are the 3 Federal Courts and their jobs?

A

Federal Circuit Court - human rights, bankruptcy, migration etc.
Family Court - complex family matters
High Court - constitutional interpretation dispute between states; treaties between Australia and other countries.

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10
Q

List the 5 sources of law.

A

1) Common law
2) Statue law
3) Constitutional law
4) ATSI law
5) International law

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11
Q

Define State Law and the 3 parts of parliament.

A

Statue law - laws made by parliament.

3 Part of Parliament:
(Purple) - Governor General: kings representative
(Red) - Upper House: Senate
(Green) - Lower House: House of representatives.

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12
Q

What are the roles of each 3 parts of government?

A

Lower House:
- makes laws
- forms government
Upper House:
- scrutinises bills and activities of the government
Governor General:
- gives legal advice
- signs laws

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13
Q

What is the constitution?

A

A set of rules which governs Australia and can only be changed by a referendum.

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14
Q

Sum up ATSI law.

A
  • ATSI stands for Aboriginal and Toress Strait Islander laws, which are based off of the Dreaming
  • “Ownership of land” did not exist, the land owned them instead
  • These laws are based on tradition, ritual and socially accepted conduct
  • Elders are very important
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15
Q

What is the Dreaming?

A

An indigenous people’s of Australia explanation of how the world was created.

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16
Q

Outline the court Hierarchy.

A

High Court
^
Federal + State Superior Courts
^
Federal + State District Courts
^
Federal + State Lower/Local Courts

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17
Q

Summarise the adversarial system of trial.

A
  • The two sides try to prove their version of the facts and disprove the version of the other side
  • The judge or magistrate is the impartial
  • Used in countries such as Australia, USA, UK.
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18
Q

Explain what precedents are.

A

Precedents are made when a decision in court is made veering away from a previous legal notion in a similar case.

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19
Q

Define equity.

A

Equity is making adjustments to imbalances so that everyone can have the same experience.

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20
Q

What are the 3 lower courts and what do they do?

A

1) Local Court - deals with minor criminal matters and summary offences; also hears every court case for committal hearings.
2) NSW Coroners Court - investigates unexplained deaths, explosions, suspected deaths in missing persons.
3) Childrens Court - criminal and civil cases to do with children, except murder.

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21
Q

What is the difference between Public and Private (Civil) law?

A

Public law (has a prosecutor) governs relationships between individuals and the state, while private law (has a plaintiff) regulates relationships between persons, companies and organisations.

22
Q

What is constitutional law?

A
  • Focuses on the rules governing the executive, legislative and judicial functions of government.
  • If laws violate the constitution, the case goes to the High Court.
23
Q

Define Veto power.

A

As decisions must be unanimous between the permanent members of the security council, only one of those members has the power to stop it, aka veto power.

24
Q

What is common law?

A

Laws made in/by courts.

25
Q

What is the Security Council?

A
  • The most powerful UN body
  • Has the final say
  • All decisions between the permanent members must be unanimous
  • 5 Permanent members: Russia, China, US, UK, France
  • 10 non-permanent members rotate every 2 years
26
Q

What is the General Assembly?

A
  • 193 member nations
  • Make recommendations on how to resolve conflict
  • Elect temporary members to Security Council
  • Headquarters are in New York
27
Q

What are the main parts of the UN?

A
  • General Assembly
  • Security Council
  • Peacekeeping forces
  • Economic and Social Council
  • International Criminal Court
  • International Court of Justice
28
Q

What are the United Nations (UN)?

A

The UN are states working cooperatively to maintain global peace and security, promote sustainable development, protect human rights, uphold international law, deliver humanitarian aid.

29
Q

What are the 5 permanent members of the Security Council of the UN?

A

USA, China, France, Russia, UK.

30
Q

What is a declaration?

A

A statement of a position on an issue which is not legally binding, more like an aspirational statement.
(Eg: Universal Declaration of Human Rights)

31
Q

What is criminal law?

A
  • Crimes are committed “against the community”
  • Body of law where omissions are punished by the state
  • Maintains public order and states
  • Eg: Crimes Act
32
Q

What is administrative law?

A
  • A branch of public law that deals with government powers and the war they are administered under the various departments
  • Eg: government decisions are not agreed with, so you ask higher ups to review
33
Q

What are the two classifications of law?

A

Public and Private (Civil) law.

34
Q

What are the three branches of public law?

A
  • Criminal law
  • Administrative law
  • Constitutional law
35
Q

What are the three branches of private law (civil law)?

A
  • Contract law
  • Tort law
  • Property law
36
Q

What is the International Court of Justice? What is its role?

A
  • The principal judicial organ of the UN
  • Settles disputes between countries and provides legal advice to the General Assembly
37
Q

What is the difference between domestic and international law?

A

Domestic - laws that pertain to individuals in a country, nation or state.
International - governs relationships between countries, covers human rights.

38
Q

Explain what state sovereignty is.

A

It means that each state has the authority to make rules for its citizens and the power to enforce these rules without the interference of other countries.
States have the responsibility to protect its citizens from:
- genocide
- war crime
- ethnic cleansing
- crimes against humanity

39
Q

What are non government organisations (NGO’s)?

A
  • Non-profit associations based on common interests and claims
  • Independent of government
  • Free to speak out and advocate for change
  • Eg: Red Cross/Crescent, Vinnies, Greenpeace, Doctors Without Boarders.
40
Q

What are intergovernmental organisation (IGO’s)?

A
  • IGO’s are oganised groups of nation-states which pursue mutual interests in a wide variety of area
  • Make collective decisions regarding international issues
  • Eg: NATO, UN, World Trade Organisation.
41
Q

What is mediation?

A
  • A mediator sits down with the people in dispute to help sort it out.
  • Eg: divorce/custody, civil law.
42
Q

Summarise what the international criminal court does.

A

Prosecutes the most serious international crimes.

43
Q

Define genocide.

A

Acts committed with the intent to destroy a national, ethnic or religious group.

44
Q

Outline how laws are made (the legislative process).

A

Need for a new law is identified
v
Draft Bill in lower house
v
First Reading
v
Second Reading
v
Committee Stage (optional)
v
Third Reading (if approved, moves to the upper house)
v
Upper House (3 readings)
v
If approved by both houses, moves to Governor General
v
If signed by Governor General, bill becomes an Act

45
Q

State what jurisdictions/powers the Federal Courts and State Courts have.

A

Federal: to deal with immigration, bankruptcy, human rights, terrorism, dispute between states, taxation, defense.
State: education, major roads, hospitals, police, consumer protection (within the state).

46
Q

What is a treaty?

A

An international agreement between states in written form and governed by international law.

47
Q

What are the two types of treaties?

A

Bilateral - between two nations.
Multilateral - between many nations.

48
Q

What is property law?

A

Relations and interests of what can be owned and have commercial value.

49
Q

What are the 2 steps that need to be taken for a treaty to become an official law?

A

1) Signing
2) Ratifying

50
Q

What is tort law?

A

Situations in which someone has done something to interfere with the rights of someone else.
Eg: Negligence (wet floor sign).

Legal Studies - Year 11 Yearly (4 decks)

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