unit 2 - individual and the law Flashcards
rights
legal or moral entitlements or permissions
responsibilities
legal or moral obligations to others
express rights
civil and political rights that are clearly outlined in the Australian Constitution
implied rights
civil and political rights that can be inferred from the Australian Constitution, rather than being expressly stated
negligence
carelessness, a tort that involves breach of a duty of care resulting in harm that could be foreseen
distinction between moral and legal rights
legal rights fall under categories based on our Constitution, statutes and common laws.
Moral rights may be argued from different viewpoints, and may or may not be upheld by those that have responsibility in respect of the right
example - a situation may be immoral but is still legal
bill of rights
a statement of basic human rights and privileges
Australia does NOT have a bill of rights.
Instead, protection for human rights may be found in the Constitution and in legislation passed by the Commonwealth Parliament or State or Territory Parliaments.
defamation
act of making statements or suggestions that cause damage to a persons reputation in the community
a person protected under statute law