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Legal Term 1 > Term 1 Study > Flashcards

Term 1 Study Flashcards

1
Q

What is the rule of law?

A

That nobody is above the law, not even the king

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2
Q

What are 4 main reasons we have laws?

hint! S,F,S,F

A

Safety
protect Freedoms
ensure Society functions
produce Fair outcomes

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3
Q

Explain 3 things that a custom law is?

A
  1. socially expectable habits
  2. things that you are expected to do
  3. informal understandings that guide behaviour
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4
Q

What are 5 things that an effective law should be?

A
  1. clear
  2. known
  3. not discriminatory against certain groups
  4. acceptable
  5. enforceable
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5
Q

What is the constitution?

A

A constitution is a set of rules that govern a country

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6
Q

What is the separation of powers?

A

legislative, executive, judicial

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7
Q

What does the legislative do?

A

makes laws

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8
Q

What does the executive do?

A

enforce laws

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9
Q

What is the judicial do?

A

interpret laws

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10
Q

Who makes up the legislative?

A

senate (upper house), house of reps (lower house)

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11
Q

Who makes up the executive?

A

Prime minister (government)

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12
Q

Who makes up the judicial?

A

High court

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13
Q

What are the 3 levels of government?

A

federal, state, local

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14
Q

What are 4 federal government jobs?

A

defence
immigration
border control
currency ($$)

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15
Q

What are 3 state government jobs?

A

health, schools, police

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16
Q

What are 3 local government jobs?

A

parks, garbage disposal, water

17
Q

What is constitutional law?

A

government laws that only the government can make

18
Q

What 4 things does the constitution do?

A
  1. establishes and lists the powers
  2. creates rules that are to be followed by different branches of government
  3. establishes processes for elections
  4. protects fundamental rights (rights that protect individuals)
19
Q

What is statute law?

A

Statute law is written law made by Parliament.

20
Q

What is common law?

A

Common law is judge-made law based on precedents.

21
Q

What is the order of courts?

(6)

A
  1. magistrates
  2. district
  3. supreme
  4. court of appeal
  5. federal court
  6. australian high court
22
Q

What is a precedent?

A

rules established by courts which is then applied to cases with similar issues or facts.

23
Q

What is a binding precedent?

A

Binding precedent must be followed by lower courts.

24
Q

What is a persuasive precedent?

A

Persuasive precedent can influence but is not mandatory to follow

25
what does obiter dictum mean?
Obiter dictum is a judge's additional comment that is not binding.
26
What does ratio decidendi mean?
Ratio decidendi is the legal reasoning behind a decision.
27
What is the literal rule?
Literal rule interprets words in their ordinary meaning, even if it leads to an unfair outcome.
28
What is the golden rule?
Golden rule allows slight modification of words to prevent absurd results.
29
What is the mischief law?
Mischief rule looks at the law's purpose and interprets it to address the issue it was meant to resolve.
30
What is an adversarial system?
relies on opposing parties presenting their cases before an impartial judge or jury.
31
What is an inquisitorial system?
Inquisitorial system involves a judge actively investigating and leading the case to uncover the truth.
32
What are the characteristics of an adversarial system?
accused publically, open court, judge not a prosecture, burden of prood on prospect, innocent until proven guilty
33
What are the characteristics of an inquisitorial system?
mostly secret trial, judge=prosecute, judge can take sides, accused proves innocence for themselves, guilty until proven innocent
34
What 2 things must you have to be found guilty
actus reus (guilty act), mens rea (guilty mind) | THINK: Mens - Mind (MM) Actus - Act (AA)
35
what are 5 things that make a fair trial
legal representation, right to speak, presumption of innocence, evidence beyond reasonable doubt, if the jury is undecided restart the trial
36
what is direct evidence?
evidence which, if accepted establishes the material fact in dispute
37
what is circumstantial evidence?
evidence regarding a fact from which a court is asked to infer a further fact In order to arrive at a material fact
38
what is the difference between onus of proof and standard of proof?
onus is who has to prove it, standard is how much proof is needed
39
what are types of evidence police may collect in an investigation?
- Fingerprint evidence - Crime scene evidence - DNA evidence

Legal Term 1 (1 decks)

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