terms Flashcards
describe the difference between a rule and a law
a law is binding and enforced by the government while a rule is simply guidelines that are agreed upon and should be followed but are not legally binding
laws are made by government and the courts while rules are established by people in authority or by a consensus
what is the difference between civil and criminal law?
civil law deals with disputes between individuals or organisations while criminal law deals with offences against the state
what are the 3 principles of law?
law must be certain- no one in authority has the right to create a new law for a particular case, laws must be public, laws must not be enforced and applied retrospectively
laws must be general- should apply to everyone in the same way and should be directed to everyone generally (some exceptions to police, non-australian citizens and children)
laws need to be applied equally- applied to everyone in the same way to whom it applies, separation between those who make the law and people who apple the law
name at least 3 characteristics of an effective law
known and available- clear and readily available to public
applied equally- fair and consistent without discrimination
stable
enforceable
acceptable
resolves disputes
protects human rights
not retroactive- can’t apply to something in the past/before law was created
what are the 3 separation of powers
legislative-makes laws (the senate and parliament)
executive-enacts and administers the government (police, prime minister, government dep.)
judicial-interpret laws (courts, judges)
what is the legislative branch
house of reps, senate, governor general
describe function of judicial branch
interpret laws
interpret constitution deciding when laws are broken
determining penalties
what is the division of powers
federal, state and local governments
what is residual power
anything left over by federal gov. the states can make laws about, anything left over by the state the local gov. can make laws about
what is the standard of proof for civil and criminal court
civil- a balance of probabilities
criminal- beyond a resonable doubt, government must prove the defendant is guilty beyond a reasonable doubt
name the courts in QLD
magistrates- deals with range of offences
district- hears both civil and criminal and some appeals
court of appeal- appeals from district and supreme courts and some tribunals
supreme
what are some alternative dispute resolution
tribunals
workplace ombudsman
class actions
counter claims
injunctions
damages
what is assisted negotiation
you and your solicitor meet with the other parties and their solicitors to discuss issues
describe mediation ADR
An independent person (the mediator)
helps the parties to a dispute to work out
the issues and come up with a solution
which everyone accepts.
Facilitating discussions between the parties. Assisting them in
identifying issues. Exploring areas of compromise. (Helps them stay on
track to solve their own disputes)
The mediator will ask questions, reframe issues, assist the parties to
understand each other, and help identify solutions.
describe consiliation ADR
Similar to mediation, though usually, the
conciliator is an expert on the subject of
the dispute
An independent expert who advises both sides and helps talk about the
issues and try to reach an agreement. The conciliator does not decide who is
right or wrong.
*A meeting
Conciliation can take place in person or over the phone. It may also involve an
exchange of letters or emails.
*An agreement
If an agreement is reached, a written agreement is prepared for both parties to
sign
describe case appraisal ADR
An independent person (the case
appraiser) assesses the merits of the case
and makes a decision similar to a judgment
of the court.
describe arbitration
The parties to the dispute choose an
independent person (the arbitrator) to act
as a judge
* Parties present arguments and evidence
* The parties to the dispute present their arguments and evidence in writing to the
arbitrator.
* Arbitrator makes a determination
* The arbitrator, a neutral third party, makes a binding decision, called an award,
based on the evidence and arguments presented.
* Arbitrator issues a decision
* The arbitrator issues a decision and reasons for the decision to Legal Aid
Queensland, who then forwards the decision to the parties.
* acts as a judge and creates a binding determination, called an award.
name at least 3 barriers to accessing justice systems
Language barriers:
*Financial constraints:
*Missing Middle - To wealthy to qualify for Aid, too poor to afford it.
*Complexity of the legal system: (the castle)
*Cultural Barriers (lack of diversity, different Lore)
*Lack of regional legal aid centres:
*Outdated technology:
*Insufficient support for prisoners: (Prisoners may get only limited phone access)
*Lack of diversity in the law:
*Digital divide:
*Algorithmic bias: There are concerns about the design of AI other algorithm-based
justice innovations
