Week 1 Flashcards
Two Authoritative Sources of Law
Legislative and Case Law
Two Types of Legislative Law
Parliamentary Legislation and derogatory legislation
Parliamentary Legislation
Law created by parliament creating acts of parliament (aka statutes)
Delegatory Legislation
Law created by a delegated authority. Delegated by the government. Called regulations and by-laws.
What is case law?
Case law are judge made law. Relies on the doctrine of precedent.
Can only make a principle of law that is relevant to the actual case before it.
What are the 7 principles of law
Resolves disputes
Maintains social order Preserves and enforces community values Protects the disadvantaged Stabilises the economy Prevents misuse of power Institutionalises values
Criminal Law
System of legal rules establishing criminal offenses and penalties for infringement of those laws
Between the state and the individual
Civil Law (in relation to criminal Law)
Is between private parties regulates disagreements
Between two or more individuals (incl. Companies).
also known as litigation, the set of legal rules and legal procedures that regulate the relationship between members of the community and enable them to resolve disputes
Substantive Law
System of legal rules that set out the rights and obligations of citizens or individuals in that country
Procedural Law
Sets out a system of legal rules that sets out how legal proceedings are to be conducted including rules of evidence
Public Law
Within substantive law deals with relationships between individuals and the state
Includes criminal law constitutional law and tax law
the category of law concerned with the relationship between the citizen and the state it includes constitutional law at its administrative law criminal law and taxation law
Private Law
Dealings with relationships between individuals
Looking at tort law and contract law the category of law concerned with the relationships between individuals within the community includes contract law tort law and property law
Domestic Law
System of law regulation a particular individual in a particular jurisdiction
Australia or NSW state
International Law
System of law dealing with regulation of law between states (btw Australia and Japan
Private international law determines which states of law will be applied in dispute i.e. Japanese or Australian law used
Contract Definition
agreement between two or more people that is legally enforceable
Tort Law
powerful act other than a breach of contract giving the victim a right to sue for compensation
provides a remedy for those harmed by the acts or omissions of another
trespass negligence defamation nuisance and passing off
Intellectual Property
a form of intangible creation such as the expression of an idea a trademark at new technology or a new design
Litigation (sue)
legal proceedings brought by one member of the community against another also known as civil action
Federal Government
pertaining to the nation of Australia eg the federal parliament or federal legislation also known as Commonwealth
Local Authority
a statutory authority such as the City Council or Shire council that exercises legislative power delegated to it by the state or territory government also known as local government
Define Law
law is a system of enforceable rules governing social relations and legislated by political system
What does sovereign mean?
a supreme ruler of state
the queen is the sovereign in modern liberal democracies Australia the parliament is seen as sovereign: parliamentary sovereignty
Prosecution
legal proceedings brought in a court of law as a result of the sites seeking to establish the guilt of a person charged with having committed a crime
Rule of Law 3 Characteristics and definition
the principle that governmental authority must be exercised only in accordance with written, publicly disclosed laws that have been adopted and are reinforced in accordance with established procedure and that all citizens including those who make up the government are ruled by laws rather than the by personal discretion or arbitrary exercises of power
the law will be applied equally to everyone regardless of his or her social status culture religion or political beliefs
the court will uphold the legal rights of the citizens including the right of to personal freedom no person will be punished other than for conduct that is expressly made illega
Doctrine of Separation of Powers
the principle that the legislature the executive and the judiciary should as far as possible remain functionally separate
make the law legislature administer the law executive interpret the law of judiciary
Double Jeopardy
person should not be tried more than once for a given crime
Magna Carta Role in Law
Created the rule of law
Substantive Law
the system of legal rules that set out the rights and obligations of individuals and the state
Procedural Law
the system of legal rules that set out how legal proceedings should be conducted
Consumer Law
is the set of rules that seek to protect consumers from unfair commercial practices by business organizations
Constitutional Law
the relationship between the various arms of government and between the government and its citizens and grants human rights and civil liberties to citizens
Administrative Law
regulates the administrative activities of the government
Contract Law
law regulating agreements and promises
Competition Law
seeks to ensure that business organizations do not misuse their market power
Property Law
regulates property rights in things and land it also includes intellectual property law
Commercial Law
regulates various commercial matters including agency franchises insurance and bankruptcy
employment law
regulates the relationship between employers and employees
company law and partnership law
regulate the establishment management and dissolution of corporations and partnerships
public international law
the system of rules regulating the relationship between states
private international law
conflict of laws
the system of rules that determine which states laws should be applied to resolve a dispute between people in different states also known as conflict of laws
Jurisdiction definition
the extent of the power and authority conferred upon a parliament, government body or a court
Forum Non Conveniens meaning
an inconvenient forum.
courts have the discretion to refuse to hear a case or to send it elsewhere
Australian Court jurisdiction in an international legal dispute
the defendant person being sued it’s present in the courts jurisdiction when the statement of claim is served on them
the defendant submits to the courts jurisdiction the court authorizes someone to find and serve the statement of claim upon the defendant outside the church diction
Why does the law change
political change
fixing problems changing values lobby groups
changing technology
Lobby groups
groups within the community that exert pressure upon the legislature to reform the law
