The Legal System Flashcards
The Legislature
MP’s. Parliament and The House
The Executive
Ministers, Government, The PM and Cabinet
The Judiciary
The Courts, The Judges and The Bench
Law’s substantive rules.
Break the rules, there will be a form of punishment. Provides regulation.
The sources of law’s legal rules.
The Executive, The Legislature and The Judiciary
The Legal System
What actors, processes and relationship exist in our legal system?
Law is a regulated profession.
They cannot do unethical things, nor can they break confidentiality. They owe a duty to the bench/court.
Four situations where a lawyer can refuse to represent a client.
- If it is not their specialty.
- If the lawyer is just too busy.
- If the client cannot pay.
- If there is a conflict of interest.
Duty of fidelity to court
A lawyer has an absolute duty of honesty to the court and must not mislead or deceive the court.
Criminal Law
Someone is presumed innocent beyond reasonable doubt until proven guilty.
Civil Law
Argument between two or more people, usually in a close relationship.
Parliament v Government
Government formulates policy, Parliament makes legislation.
Judiciary
Reviews executive action, makes precedent and interprets the law.
Judicial Independence
Judiciary not beholden to the other branches of Government.
Legislature
Debates the law, represents voters and makes legislation.
