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Legal > Yearly > Flashcards

Yearly Flashcards

1
Q

What can the media do?

A

Apply pressure on government to change, allows for communication between people to discuss disputes

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2
Q

What can MPs do?

A

Relay information to Canberra Organisation

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3
Q

What can trade unions do?

A

Support workers’ rights, strike as a last resort

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4
Q

What can interest groups/NGOs do?

A

Lobby support from likeminded people

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5
Q

What are the two forms of legal methods of challenging power

A

Internal review and external review

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6
Q

What is an internal review?

A

Review made by the agent that made the decision. Usually a government department. Cost effective but rarely effective in terms of practical outcomes

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7
Q

What is an external review?

A

Review made by an external agency or tribunal

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8
Q

What are the 4 non legal methods of resolving disputes with the state?

A
  1. Contacting the media
  2. Informing a political representative
  3. Joining a union
  4. Joining an interest group/NGO
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9
Q

What do administrative and other tribunals do?

A
  • Provide legally binding decisions on complaints about administrative decisions/actions in a timely and cost effective manner
  • Less formal than courts, narrow jurisdiction, not bound by evidence, various factors taken into account, no legal representation
  • Provide solution not resolve dispute
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10
Q

What is a merit review?

A

Review facts, law and policy relating and arrive at independent decisions

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11
Q

What is a legally binding review?

A

Government departments/agencies are bound to the decision

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12
Q

Why has there been an increase in the use of tribunals?

A
  • Government decision making is intrusive in everyday life
  • Importance of human rights and of transparency in government
  • Courts are expensive
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13
Q

What is NCAT?

A
  • NSW Civil and Administrative Tribunal

- Reviews administrative decisions made by government agencies

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14
Q

What does NCAT review decision on?

A
  • Use of and access to personal information held by gov.
  • Firearms licences/ taxation decisions
  • Guardianship and financial management
  • Administrative decisions made in the community services sector
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15
Q

What is a judicial review?

A

A court reviews a decision made by a government department on the basis of whether the decision was lawfully made, no judgement on merits or original decision

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16
Q

What remedies can be the outcome of a judicial review?

A

Prohibition- stops implementation of decision

Certiorari- reverses decision

Mandamus- compels decision, maker performs public duties

Injunction- prohibits decision maker from implementing invalid decision

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17
Q

What is an ombudsman?

A
  • Formal external control with legal power to investigate complaints made by citizens (usually about government agencies)
  • Aim is to resolve complaints impartially, informally and quickly
  • Cannot override decision of agencies but resolve disputes through consultation, negotiation and formal recommendations to senior levels of government
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18
Q

What are some statutory bodies?

A
  1. Anti-Discrimination Board of NSW (ADB)
  2. Commissions of Inquiry
  3. Independent Commission Against Corruption (ICAC)
  4. Australian Human Rights Commission (AHRC)
19
Q

What are Commissions of Inquiry?

A
  • Use the Inquisitorial System
  • Royal commissions= “public inquiry”
  • Temporary bodies appointed to provide advice or investigate
  • “Institution of last resort”
20
Q

What is ICAC?

A
  • Independent Commission Against Corruption
  • Protect interests of public
  • Prevent breaches of public trust
  • Influence behaviour of public officials
21
Q

What is the AHRC?

A
  • Australian Human Rights Commission
  • Investigate complaints about discrimination
  • Complaint can then go to Federal Court or Federal Magistrates Court where enforceable orders can be made
22
Q

List the main types of public law

A
  1. Criminal law
  2. Administrative law
  3. Constitutional law
23
Q

How is criminal law established?

A

Established by statute and in some cases common law

24
Q

Why can criminal law be considered public law?

A

Because when a person breaks a criminal law they are harming all members of society

25
Q

What is a crime against a person?

A

A crime involving injury or threat of injury to another person

26
Q

What are public order offences?

A

Crimes that disrupt the activities of society such as being drunk or swearing in a public place

27
Q

What is administrative law?

A

Laws relating to the operation of the government and its various departments

28
Q

What is constitutional law?

A

Laws involving following the powers and operation of the government outlined in the constitution

29
Q

What is the difference between private and public law?

A

In public law, society has been wronged. In private law, the matter is between individuals.

30
Q

What is a plaintiff?

A

The person who brings the action

31
Q

What is a contract?

A

A legally binding agreement between two or more parties

32
Q

What is property law?

A

Anything that can be bought or sold is considered property. Property law involves the many laws governing the way that property transactions are to take place

33
Q

What is ‘tort law’?

A

Torts are not criminal matters but involve the actions of one person inconveniencing another person it breaching their rights

34
Q

What are the four areas of tort law?

A

Negligence, nuisance, trespassing and defamation

35
Q

What is negligence?

A

Concept of ‘duty of care’. Every person has the responsibility to ensure that their actions do not cause harm to others or their property

36
Q

What is defamation?

A

Involves damaging another person’s reputation. Misleading information published or broadcast that damages a person’s reputation, not applicable if the information is true/accurate

37
Q

What is public law?

A

Law that deals with the powers and obligations of governments and citizens

38
Q

What is private law?

A

Law that aims to regulate the relationships between individual, companies and organisations (contract, tort and property)

39
Q

What is the standard of proof in a criminal case?

A

Beyond reasonable doubt

40
Q

What is the standard of proof in civil court procedures?

A

Balance of probabilities

41
Q

What is causation?

A

The link between act and crime

42
Q

What is law reform?

A

Process of changing the law to make it more current and correct defects

43
Q

What are the main Australian law enforcement agencies?

A

State and federal police

Legal (4 decks)

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