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Legal studies Yr 11 > The Legal system > Flashcards

The Legal system Flashcards

1
Q

What is the definition of Law?

A

Law means a set of rules enforced on a community that are officially binding, recognized, and enforceable by people or organizations like the police that regulate behavior and conduct

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2
Q

What is the defenition of rules?

A

Rules are regulations or procedures governing procedure and controlling conduct

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3
Q

What is the defenition of society?

A

A society is a group of people linked together by interests, relationships and culture

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4
Q

What is the defneition of Customs?

A

Customs are established patterns of behavior amongst a group or society. E.g a handshake in Australia, a kiss on the cheek in France

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5
Q

What is Customary Law?

A

Customary law refers to established patterns of behaviour with enough importance to be enforced

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6
Q

Who makes rules and who do they effect?

A

Rules are usually made by groups and only effect those within the group

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7
Q

What is the law made up of and who agrees on laws?

A

The law is made up of formal rules of society, and these rules have been agreed upon by most of the group that governs behaviour and actions (government/courts, etc)

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8
Q

What sets laws apart from rules?

A

Laws are binding on the whole community, laws can be enforced, laws are recognised, laws relate to public interest and the greater good, law reflects rights and responsibilities.

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9
Q

What is ethics?

A

Ethics is a branch of philosophy that investigates the nature of values and the differences between right and wrong.

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10
Q

what are values?

A

Values are your beliefs and attitudes

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11
Q

What is the nature of justice?

A

The nature of justice ensures all citizens have equal access to the law and that the law provides equality, fairness, and justice to all members of society.

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12
Q

What is equality?

A

The state or quality of being equal; that is of having the same rights or status

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13
Q

What is fairness?

A

Fairness in the legal system is to be free of bias, dishonesty, and injustice, a concept commonly related to everyday activities where there is no favoritism or discrimination

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14
Q

What is access?

A

The right or opportunity to make use of something

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15
Q

What is procedural fairness?

A

Procedural fairness refers to the idea that there must be fairness in the processes that resolve disputes. In Australia, it refers to the right to know the case against you and to present your case, the freedom from bias from decision makers, and a decision based on evidence.

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16
Q

What is the rule of law?

A

The principle that no one is above the law, including those that make, enforce, and represent the law, they are all just as answerable to the law as other citezens

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17
Q

What is anarchy?

A

A term used to describe a state of chaos and disorder resulting from the absence of rules and laws. An example of anarchy is the purge.

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18
Q

What is common law?

A

laws made by the court; historically law common to England

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19
Q

Where does common law come from?

A

Originated in England in the 11th century when traveling judges applied a set of common laws. These decisions made by the judges set a standard or precedent. When the Brtish came to Australia in 1788 they brought these laws that applied in Britan and it was named common law.

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20
Q

What is statute law?

A

Law made by parliament

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21
Q

What is the adversarial system of trial?

A

In Australia, both civil and criminal cases are heard within the adversarial system of trial which means that two sides involved in the case try to prove their version of the facts and disapprove the other sides.

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22
Q

What is equity?

A

Equity is the body of law that supplements the common law and corrects injustices by judging each case on its merits and applying principles of fairness. Decisions are made more on moral principles and are more responsive to individual circumstances.

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23
Q

What is equity British Origins?

A

People would bring petitions to the king about injustices in the common law and so it became the job of the chancellor to deal with these issues and equity originated from there.

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24
Q

What is precedent?

A

Judges must resolve disputes by considering previous decisions made in similar cases. A previous judgment on similar circumstances is called a precedent and it provides the authority for the legal principle contained in the decision.

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25
Define Jurisdiction
The powers of a court, depend on its geographic area, the type of matters that can be decided, and the type of remedies that can be sought.
26
What is the NSW court hireachy?
1. Lower court 2. Intermediate court 3. Superior court
27
What does the local court have jurisdiction over?
The local court in NSW has the jurisdiction to deal with minor criminal and summary offenses, civil matters with a monetary value of $100,000, and commital hearings.
28
What is the jurisdiction of the district court?
The district court jurisdiction is unlimited in cases of claims for damages for personal injury and motor vehicle accidents. It also handles civil cases with a monetary value of below $750,000. It hears serious criminal matters such as manslaughter and also appeals.
29
What is the jurisdiction of the supreme court?
It deals with the most serious criminal and civil cases (No monetary limit). It has criminal jurisdiction over the most serious indictable criminal offenses and also Commonwealth prosecutions.
30
What is the jurisdiction of the federal circut court?
Jurisdiction over areas such as family law, child support, human rights, copyright, bankruptcy, migration, consumer protection, and trade law.
31
What is the jurisdiction of the federal court of Australia?
It deals with civil disputes that regard federal law as well as some summary criminal offences that deal with federal law.
32
What is the jurisdiction of the high court?
It deals with appeals from all courts and also cases concerning the interpretation of the Australian constitution and the constitutional validity of laws.
33
What is statue law?
Statue law is law made by parliament, also known as legislation
34
What is a parliament?
A body of elected representatives
35
What is parliament's role?
To create, debate, propose, and amend statute law.
36
What does bicameral mean?
A parliament with two houses – an upper house and a lower house. All Australian state parliaments (except Queensland and territories) and the federal parliament are bicameral.
37
What is the upper and lower house in the federal parliament?
In federal parliament, the upper house is the Senate and the lower house is the House of Representatives.
38
What is the upper and lower house of state parliament?
In state parliament, the lower house is the legislative assembly and the higher house is the legislative council
39
How is a bill passed?
1. Bill is introduced and debated in the lower house. 2. If approved, it moves to the upper house for further debate. 3. If passed by both houses, it is sent to the Governor-General for approval. 4. Once approved, it becomes law.
40
What is delegated lesgislation?
Laws made by non-parliamentary bodies due to time constraints on parliament. Responsibility is given to subordinate bodies like government departments or local councils.
41
What is the constitution?
The Australian Constitution is a foundational legal document that sets out the rights and responsibilities of the Australian government and its citizens. It plays a crucial role in shaping the Australian legal system and democratic society.
42
What is a federation?
The process of uniting several states to form one unified nation.
43
Whats the division of powers?
The division of power is the split between the Commonwealth and state governments power to ensure the federal government can address national issues while respecting state authority.
44
What are exclusive powers?
Exclusive powers: Powers reserved for the federal government (Section 51)—e.g., defence, immigration, currency.
45
What are concurrent powers?
Concurrent powers: Powers shared between federal and state governments (Section 51)—e.g., taxation, marriage, trade and commerce.
46
What happens when state and federal law clash?
Federal law prevails under Section 109 of the Constitution.
47
What is the seperation of powers?
Designed to ensure power is divided among the three arms of government equally, preventing abuse and ensuring accountability.
48
What are the three arms of government and what are their roles?
Legislative: Lawmakers (Parliament). Executive: Administers laws—Prime Minister, Cabinet, Governor-General. Judiciary: Courts interpret and apply laws.
49
Role of high court
Jurisdiction: Original and appellate jurisdiction. Judicial Review & Special Leave: The High Court can grant special leave to appeal lower court decisions. Judicial review ensures the rule of law, allowing individuals to challenge unfair decisions and holding public officials accountable.
50
What is customary law?
Procedures that have developed through general usage according to the customs of people or groups
51
What is the source of the aborginal peoples customary law?
The dreaming
52
How does land work for aborginal people and whats its meaning?
Land ownership is alien to the aboriginal people, they are custodians of the land and are allowed to use it, but they must care for it
53
How does water sources work and what are their meaning to aborginal people?
Have links to the water sources and groups care for the water sources
54
What is kinship?
Family relationships
55
How has aboriginal customary law been passed on?
It has been passed on from generation to generation through word of mouth, rituals, stories and song
56
How do people gather to discuss when customary law has been broken?
When customary law is broken or disputes arise in tradition, the families involved will gather and discuss with the elders to try settle the dispute.
57
What is customary laws relevance in a modern context?
Mediation and conciliation, which originated from indigenous customary law, are now used to resolve criminal, consumer, and employment law. Customary law may also be considered in legal cases involving indigenous people for sentencing, etc.
58
Define sanction
A penalty imposed on those who break the law, usally in the form of a fine or punishment.
59
What is domestic law?
A countrys laws for its people
60
Why can countries make their own domestic law?
A country can make its own laws because they are independent state with sovereignty, meaning they have the authority to rule itself.
61
What is international law?
International law governs the relationships between states, enabling states to engage in trade and commerce and also mechanisms to maintain peace and security.
62
What is state sovereignty?
Is the right and power of a state to goven it's own territory and people
63
What is international customary law?
International customary law is not contained within a document but instead is based on long-standing practices or traditions that are followed by many states and so are considered fair and right by the international community.
64
What are declarations?
Declarations are international instruments that state and clarify the parties’ position on particular issues but do not impose legally binding provisions that must be followed.
65
What are treaties?
A treaty is ‘an international agreement concluded between states in written form and governed by international law’. Another way of looking at it is that a treaty is an agreement between legal equals and may cover any sphere of international relations between the parties.
66
Why do we have precedents?
Creates consistincy amongst cases
67
What are the sources of contemporary law?
Statute law common law Constitution ATSI law international law
68
What is public law?
The body of law governing relationship between individuals and the state
69
What is private law?
The body of law governing relationships between individuals
70
What are the three main areas of public law?
criminal, administrive, constitutional
71
What is criminal law?
The body of rules in which offences are punishable by the state.
72
define justice
the legal principle of upholding generally accepted rights and enforcing responsibilities, ensuring that equal outcomes are achieved for those involved
73
What are characteristics of just laws?
Fair, Just, Impartial
74
What is tryanny?
rule by a single leader holding absolute power in a state
75
Who is the UN?
The United Nations is the chief organisation involved with international law
76
Differences between domestic law and international law
Domestic law is enforced within a country, while international law relies on mutual agreement and acceptance.
77
What is the ICJ
International court of justice
78
What are the two types of treaties
multilateral, bilateral
79
What is the importance of legal writings?
Due to the changing international political landscape and the developing nature of international law, the writings of respected international lawyers, judges, and academics have an important part to play in guiding decision-making and treaty formation.
80
Whats the role of the UN?
The UN’s main objectives are to maintain global peace and security; to develop good relations between states based on recognition of equal rights and each state’s right to govern it's own political, economic and social development;
81
What is the general assembley?
The main body of the United Nation, made up of all members of state
82
What is the security council?
It is the executive of the UN and has the final say on security and peacekeeping the general assembly. The five countries in the security assembly are UK, US, China, Russia France
83
Whats an IGO?
Intergovernmental organisations are organised groups of states which work together for a mutual interest.
84
Whats an NGO?
A nongovernmental organisation is an association based on common interests and aims with no governmental connection. They contribute to world peace, disaster relief, etc, examples is red cross or World Vision
85
How are international treaties implemented in Australia?
Unlike countries like France, we do not have international law become part of our domestic law; we have to pass new legislation through our legal system
86
Why is internatioal law being incorparated into Australian domestic law?
International law is slowly being incorporated into Australian domestic law due to treaties and conventions which Australia engages in.
87
What is administrive law?
Administrative law looks after government powers and the decisions of government organisations. It ensures accountability to the decisions and actions of governments and their departments.
88
Whats an internal review?
When a member of an office or an agency has made a decision, that decision can be reviewed by someone else from within the agency.
89
Whats external review?
a person or body outside the agency (such as the Administrative Appeals Tribunal) reviews the merits of a decision made by an agency.
90
What is judicial review?
Only courts can provide judicial review of administrative decisions. The only area a court can consider is whether a decision was lawfully, fairly and rationally made
91
What is constitutional law?
Constitutional law is a branch of public law that focuses on the three arms of government (Executive, legislative and judiciary) and the constitutional validity of government actions.
92
What is private law?
Private law regulates the relationship between persons, companies, and organisations
93
Whats a contract?
An agreement between two or more parties recognised by law
94
What is contract law?
Contract law is concerned with the recognition of an agreed contract and the actions taken to enforce it. If one party believes a contract has been breached or unfulfilled, the may seek ‘damages’
95
Who is a plantiff?
The person who iniates a civil action against another (Defendant)
96
What are torts?
Civil wrongs
97
What is tort law?
A tort occurs when someone breaches or fails to fulfill a duty that he or she owes to someone (Negligence)
98
What is property law?
Govens relationships involving things and interests that can be owned or have commercial value, for example, land, house, shares, intellectual property
99
Whats an injunction?
A court order requiring an individual to perform or not perform a certain action
100
Who are the Jury?
People who listen to all the evidence in a court case and decide an outcome
101
What is criminal law procceedings?
Criminal law proceedings are the legal processes in which a person accused of a crime is prosecuted.
102
What are summary offences?
Relatively minor offences like traffic offences that are heard by a judge or magistrate with no jury.
103
What are indictable offences?
Serious criminal offences heard by a judge and jury like murder and sexual assault.
104
Who is a prosecutor?
the person formally conducting legal proceedings against someone accused of a criminal offence; the prosecutor acts on behalf of the state or the Crown
105
Who is a defendant?
The person who is accused of a crime or a civil wrong in a criminal case.
106
What is onus?
The burden or duty of a prosecutor to prove a case to the court.
107
What is the standard of proof required in a criminal case for the prosecution to obtain a conviction against the accused.
Beyond reasonable doubt
108
What is the standard of proof required in a civil case for a plaintiff to succeed in proving the case against the defendant
The balance of probabilites
109
What are the criminal court procedures?
The indictment is read to the accused, who pleads guilty or not guilty. The prosecution gives an opening address outlining the case and evidence. Both sides call witnesses and conduct an examination in chief: Prosecution: Aims to establish facts proving guilt. Defence: Aims to disprove the prosecution’s case. Cross-examination allows each side to question the opponent’s witnesses to challenge their testimony and credibility. After all evidence is given both sides give closing statements
110
What is examination of cheif?
Questioning of a wittness from a barrister
111
What is the burden of proof?
The burden of proof is on the prosecution to prove the accused committed the crime.
112
What is the standard of proof?
Standard of proof refers to the level of proof required, which in criminal cases is beyond reasonable doubt—meaning no more than one jury member can have doubt.
113
What are civil proceedings?
Actions that occur due to a dispute between individuals
114
Whats a statement of claim?
A statement of claim outlines the dispute's facts and involved parties. It must be properly served on the defendant following strict rules.
115
What are pleadings?
Pleadings are documents exchanged and filed by both parties, setting out the issues for the court.
116
What does the defendant do after the statement of claim?
The defendant responds with a statement of defence, which may deny, challenge, or admit the plaintiff’s claims while presenting additional facts. The defendant may file a counterclaim against the plaintiff.
117
What are interrogatories?
Interrogatories are written questions that must be answered and are relevant to the case.
118
What happens if there is no settlement?
If no settlement is reached, the case proceeds to trial, where both sides present evidence, call witnesses, and cross-examine.

Legal studies Yr 11 (1 decks)

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