Untitled Deck Flashcards
What is Access?
The ability of individuals to understand and exercise their legal rights.
What is Anarchy?
A state of society without government or law.
What is Customary Law?
Laws based on traditions and customs, often passed down orally.
What are Customs?
Social norms or traditions that influence behavior.
What does Doli Incapax mean?
The principle that children under a certain age (10 in Australia) cannot be held criminally responsible.
What is Equality in legal terms?
The principle that all people are treated the same under the law.
What are Ethics?
Systematic guidelines for right and wrong, often set by external groups or professional standards.
What is Fairness?
Ensuring legal processes are just and impartial.
What is Justice?
the application of legal principles and processes to ensure fairness, equality, and the upholding of rights
What is Law?
A system of enforceable rules governing society.
What is a Legal System?
The structure and processes used to create, enforce, and interpret laws.
What is a State?
A defined territory with its own government and laws.
What is Natural Justice / Procedural Fairness?
The right to a fair hearing and an unbiased decision.
What is the Rule of Law?
The principle that no one is above the law.
What are Rules?
Guidelines governing behavior, which may not be legally enforceable.
What are Sanctions?
Penalties or punishments for breaking the law.
What is Tyranny?
A system where absolute power is held by one individual or group.
What are Values in legal context?
Principles and standards of behavior considered important by society.
What is an Adversarial System?
A legal system where two opposing parties present their case before an impartial judge.
What is an Appeal?
A request for a higher court to review a decision.
What is Appellate Jurisdiction?
The power of a court to hear appeals from lower courts.
What does Bicameral mean?
A legislature with two chambers (e.g., Senate and House of Representatives).
What is a Bill?
A proposed law presented to parliament for approval.
What is a Committal Hearing?
A preliminary hearing to determine if there is enough evidence for trial.
What is Common Law?
Law developed through court decisions (precedents).
What are Concurrent Powers?
Powers shared by federal and state governments.
What is Delegated Legislation?
Laws made by non-parliamentary bodies under authority given by parliament.
What is Domestic Law?
Laws governing a particular country.
What is Equity?
“equity” refers to a body of law developed in the English Court of Chancery to supplement and correct the common law, aiming for fairness and justice when strict legal rules might lead to unjust outcomes.
What are Exclusive Powers?
Powers granted only to the federal government.
What does Ex Parte mean?
A legal proceeding where only one party is present.
What is External Affairs Power?
The federal government’s power to enter into international treaties.
What is Federation?
A system where power is divided between a central government and states.
What are Indictable Offences?
Serious crimes requiring a formal trial.
What is an Inquisitorial System?
A legal system where judges play an active role in investigating cases.
What is Jurisdiction?
The legal authority of a court to hear a case.
What are Legislative Powers?
The authority to make laws.
What is Mediation?
A dispute resolution process involving a neutral third party.
What is Obiter Dicta?
Comments made by a judge that are not legally binding.
What does Opinio Juris mean?
The belief that a practice is legally required.
What is Original Jurisdiction?
A court’s power to hear a case for the first time.
What is Precedent?
A legal decision that serves as an example for future cases.
What does Ratify mean?
To formally approve a treaty or agreement.
What is Ratio Decidendi?
The legal reasoning behind a judicial decision.
What is a Referendum?
A vote by the public on a proposed law or constitutional change.
What are Residual Powers?
Powers retained by states rather than the federal government.
What is Stare Decisis?
The principle that courts follow precedents.
What is Statute Law?
Law made by parliament.
What does Terra Nullius mean?
The concept of ‘land belonging to no one,’ historically used to justify colonization.
What is a Treaty?
A formal agreement between countries.
What does Ultra Vires mean?
Acts beyond the legal power of an individual or body.
What is Balance of Probabilities?
The standard of proof in civil cases, requiring the more likely case to win.
What is Beyond Reasonable Doubt?
The standard of proof in criminal cases, requiring certainty of guilt.
What is Burden of Proof?
The obligation to prove one’s case.
What is Civil Jurisdiction?
A court’s authority to hear non-criminal cases.
What is Credibility?
The trustworthiness of evidence or testimony.
What is Cross-Examination?
The questioning of a witness by the opposing party.
What are Damages?
Monetary compensation awarded in civil cases.
What is Defamation?
A false statement that damages a person’s reputation.
Who is the Defendant?
The person accused in a legal case.
What is Examination in Chief?
The questioning of a witness by the party that called them.
What is an Injunction?
A court order to stop or compel an action.
What is Intellectual Property?
Legal rights over creations of the mind (such as inventions, literary and artistic works)
What is a Jury?
A group of people who determine the verdict in a trial.
Who is the Plaintiff?
The person bringing a civil lawsuit.
What are Pleadings?
Pleadings, or statements of case, are formal court documents setting out a party’s case.
What does Prima Facie mean?
A case that has sufficient evidence to proceed to trial.
What is Private Law?
Law governing relationships between individuals.
Who is the Prosecutor?
The legal representative who brings a criminal case against a defendant.
What is Public Law?
Law governing the relationship between individuals and the state.
What is Specific Performance?
A court order requiring a party to fulfill a contract.
What is Standard of Proof?
The level of evidence needed to prove a case.
What is The State?
The government or authority of a country.
