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11 Legal Studies - The Legal System > Term 1 - The Legal Stystem > Flashcards

Term 1 - The Legal Stystem Flashcards

1
Q

Define Accused

A

the person who is on trial for a crime but who has not yet been found guilty

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2
Q

Define Bill

A

a drafter law which has not yet passed through parliament or received royal assent

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3
Q

Define Bicameral

A

A parliamentary system with an upper house (Senate) and a lower house (House of Representatives)

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4
Q

Another name for an upper house is the…..

A

Senate

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5
Q

Another name for the lower house is the ….

A

House of Representatives

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6
Q

True or False? Queensland has a unicameral parliament

A

True (established in 1922)

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7
Q

What is the name given to the body of laws made through the decisions of the courts

A

Common Law/ Judge Made Law

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8
Q

A law made by parliament is called:

a) statute law
b) legislation
c) an Act
d) all of the above

A

d) all of the above

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9
Q

What is law made by judges?

A

Common Law

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10
Q

What is law made by Parliament?

A

Statute Law

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11
Q

True or False - Queensland is a unicameral parliament meaning we have only have a lower house

A

True

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12
Q

What does the Separation of Powers doctrine aim to do?

A

The Separation of powers doctrine aims to keep separate the powers of making, implementing and interpreting a law.

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13
Q

Who is Judicial power given to and what is its purpose?

A

The courts to interpret the law

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14
Q

What power is parliament given to make laws?

A

Legislative power

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15
Q

What is executive power?

A

The power given to the prime minister to put laws into operation

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16
Q

True or False - The Australian Constitution can be changed by a referendum

A

True

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17
Q

Define Court Hierarchy and what is the hierarchy order?

A

A court hierarchy is a way of structuring courts into different levels, jurisdictions and areas of responsibility. Court hierarchies are an essential component of our legal system.

Hierarchy Order: Lowest to highest
Magistrate, District, Supreme, High Court (court of appeal on the side).

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18
Q

Define Act

A

A bill which has passed through the various legislative steps required for it and which has become law

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19
Q

Define Unicameral

A

A parliamentary house consisting of only one chamber

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20
Q

Define the Adversarial system.

A

a legal system used in the common law countries where two advocates represent their parties’ positions before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case.

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21
Q

Define the Inquisitorial system.

A

is a legal system where the court or a part of the court is actively involved in investigating the facts of the case, as opposed to an adversarial system where the role of the court is primarily that of an impartial referee between the prosecution and the defense.

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22
Q

How do you change a part of the constitution?

A

You can change the Constitution through a referendum.

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23
Q

Whats is indictable offences?

A

Indictable offences are generally the more serious crimes, and penalties are generally greater than for other offences. Major indictable matters can only be dealt with, whatever the defendant is pleading, in the District or Supreme court.

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24
Q

Whats is a Summary offence?

A

Summary offences are matters that are be tried by a judge alone. If you are charged with a summary offence you do not have the right to have a trial by jury. Matters dealt with in this way usually proceed through the justice system much faster than matters dealt with on indictment.Summary offences are usually less serious offences such as traffic offences and petty crime.

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25
Q

How can the constitution be changed?

A

The constitution can be altered by a referendum. The proposed change must first be approved in the form of a bill by the Federal Government. It is then sent to the governor-general in order for a writ to be issued before the referendum can occur.

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26
Q

True or False, in the seperation of powers, legislative power is the power of implementing laws.

A

false, legislative power is the power of making laws. executive power is the power of implementing laws

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27
Q

What is section 51 of the Australian Constitution?

A

Sections 51 and 52 of the Australian Constitution list the powers with which the Commonwealth can make laws. The powers available to the states apply to almost any area that was not specically given to the Commonwealth.

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28
Q

Define Federal government

A

A system that divides up power between a national government and smaller local governments

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29
Q

True or False?

Arbitration and Adjudication are the same thing.

A

False - Both arbitration and adjudication require a third party to make an imposing decision that is binding on both people, however, adjudication goes to court and the resolution will be legally binding by the state.

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30
Q

Define Rule of Law

A

All people are subject to the law and are equal before the law. This means no one is above the law.

31
Q

What is a democracy?

A

Is a form of government in which the people, either directly or indirectly, take part in governing. E.g. by voting.

32
Q

What are rules?

A

Rule are regulations on our lives which are more formal than customs, and often specifically stated in written form. Example: No stepping in Netball.

33
Q

A murder case would be heard in what court?

A

Supreme Court

34
Q

An appeal from the Supreme Court would be heard in which court?

A

Court of Appeal or High Court

35
Q

What is a Tribunal

A

a body established to settle certain types of dispute, which are not conducted by lawyers, they often discourage or refuse legal representation, they are only established for specific tasks, they don’t have a precedent.

36
Q

What is a court?

A

courts are conducted by judges and encourage legal representation, courts are permanent and follow percident.

37
Q

Define what a custom is?

A

A custom consists of principles and procedures that have developed through general usage according to the customs of a people, nation-state or group of nation-states.

38
Q

What are the 5 influences on Law?

A

Moral, Political, Economical, Social and Cultural

39
Q

What is the constitution and when was it introduced

A

The Australian Constitution is made up of 128 sections which set out the basic principles and aspects of government in Australia, including the structure and powers of the federal, state and local governments, and the establishment of the High Court. The constiution was introduced on the 1st of January 1901

40
Q

True or False, Alternative Dispute Resolution (ADR) is taking a dispute to court to settle it

A

false, Alternative Dispute Resolution is settling disputes other than by taking the case to courts

41
Q

True or False - Australia primarily uses the adversarial system in resolving disputes?

A

True

42
Q

The main principle or reason behind a judge’s decision is known as the ???

A

Ratio decidendi

43
Q

True or False? There are state and federal jurisdictions, each which have their own court hierarchy.

A

True

44
Q

What are two examples of alternatives to the courts system?

A

Mediation

Conciliation

45
Q

What is obiter dicta?

A

literally means ‘something by the way’. Words used by a judge in a case which are not critical to a decision and therefore are not binding.

46
Q

True or False - lower courts are bound by the decisions of the higher courts in the hierarchy.

A

True - this is binding precedent

47
Q

True or False - the Supreme Court of QLD is bound by the decisions made in the Supreme Court of NSW.

A

False - QLD Supreme Court is bound by decisions made by the High Court of Australia though.

48
Q

True or False? The three levels of government in Australia are federal, commonwealth and state.

A

False, they are federal, state and local

49
Q

The Queens representative in Queensland is known as?

A

The Governor.

50
Q

True or False? Common Law overrides Statue Law

A

False. Statute law overrides common law.

51
Q

A drafted law which has not yet been passed through parliament or received royal assent is called ?

A

A Bill.

52
Q

Bullying, divorce, drink-driving and the minimum driving age are all examples of areas the law have changed due to what influence?

A

Social influence

53
Q

The Racial Discrimination Act 1975 (Cth) and the Native Title Act 1993 (Cth) are examples of legislation changed due to what influences?

A

cultural influences

54
Q

Laws relating to capital punishment, euthanasia and stemcell research are examples of legislation changed to what influences?

A

Moral Influences

55
Q

what is Parliament?

A

In Australia, an assembly of elected representatives, usually having an upper and a lower house which, with the head of state (the Queen, represented by the Governor-General or Governor), makes the laws for the country or state

56
Q

What does the Governor General do?

A

The Governor-General has a wide range of powers, exercised under the authority of the Australian Constitution. The functions and roles of the Governor-General include appointing ambassadors, ministers and judges, giving Royal Assent to legislation, issuing writs for elections and bestowing honours. The Governor-General is also Commander-in-Chief of the Australian Defence Force.

57
Q

outline the functions of State Government

A

It is the government of a country subdivision in a federal form of government, which shares political power with the federal or national government.

58
Q

outline the function of a Local Government

A

The administration of a particular county or district, with representatives elected by those who live there.

59
Q

what does legislate mean

A

having the power to make laws

60
Q

what does electorate mean?

A

the body of people who can vote. such as when you turn eighteen you can vote

61
Q

What does ratio decidendi translate to?

A

this translates to “the rationale behind the decision.” The ratio decidendi is the point in the case that determines the judgement.

62
Q

What is obiter dictar?

A

a judge’s expression of opinion uttered in court or in a written judgement, but not essential to the decision and therefore not legally binding as a precedent. It is extra commentaries the judge makes in regard to the case that are not essential.

63
Q

What is Arbitration?

A

A neutral person called an “arbitrator” hears arguments and evidence from each side and then decides the outcome. Arbitration is less formal than a trial and the rules of evidence are often relaxed.

64
Q

Define Appellate Jurisdiction

A

Appellate jurisdiction refers to the power of a higher court to review and revise a lower court’s decision. Most appellate courts simply review the lower court’s decision to determine whether the lower court made any errors in applying the law.

65
Q

Define Original Jurisdiction

A

A court’s power to hear and decide a case before any appellate review. A trial court must necessarily have original jurisdiction over the types of cases it hears.

66
Q

Define Mediation

A

The attempt to settle a legal dispute through active participation of a third party (mediator) who works to find points of agreement and make those in conflict agree on a fair result.

67
Q

The Governor

A

A person who is officially appointed to govern a town or region. Our current Governor of Queensland is Paul de Jersey, he was appointed Governor in 2014.

68
Q

What is a civil case?

A

A civil case usually involves private disputes between either people or organisations.

69
Q

What is a criminal case?

A

A criminal case involves an action that is considered to be harmful to society. If considered harmful to society a court proceeding will take place in which a person is charged with having committed an act against the community which is brought to trial and either found guilty or not guilty.

70
Q

Outline the role of the Prime Minister

A

The Prime Minister selects some Government members to be in charge of government departments who are each given the title of Minister. Our current Prime Minister is Malcom Turnbull ever since September 2015

71
Q

what is the lower house?

A

in Queensland, there is only currently one house existing. Containing all the
members of parliament. The Legislative Assembly
has 89 members each representing a different
electorate.

72
Q

what is the senate?

A

The Senate is the upper house of the Federal
Parliament. It is made up of 76 senators. The
citizens of each of the six states elect 12 senators to
represent them, while the citizens of the Northern
Territory and the Australian Capital Territory (ACT)
elect two senators each.

73
Q

Premier

A

A person appointed to be in charge of Queensland. They can control the states services such as hospitals, emergency service and roads to name a few.

11 Legal Studies - The Legal System (1 decks)

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