YR11 Legal Flashcards
Year 11 Content
Why do we need laws?
- Regulate behaviour
- For society to function
- Protect disadvantaged groups
- Resolve disputes
- Enforce rights
Define Law
Law can be defined as a set of enforeable rules of conduct which set down guidelines for relationships between people and organisations in a society
Define Custom
Established patterns of behaviour among a particular group of people
Define Rule
Prescribed directions for conduct in certain situations
Define Values
Principles or qualities considered worthwhile by society
Define Ethics
Rules or standards directing the behaviour of a person or the members of the profession
What case can be used for Procedural Fairness?
James Hird AFL Case
What should Just Laws be?
C: Current (cannot be held in retrospect)
A: Acceptable
K: Known
E: Enforcable
S: Same (should apply to everyone equally)
Define Anarchy
When a country is left without effective laws and government, resulting in chaos
Define Tyranny
Reign by a single leader who holds absolute power. Typically resulting in a loss of human rights.
What is Common Law?
Law made by Courts
What is an Appeal?
An application to have a higher court reconsider a lower court’s decisions on the basis of an error of the law
What is Court Jurisdiction?
The power of a Court to hear certain cases
What is Appellate Jurisdiction?
The ability or power of a court to hear appeals of the decisions of lower courts and to reject, affirm or modify these decisions.
What is Statute Law?
Law made by Parliament
Which states/territories in Australia DO NOT have a bicameral system?
Queensland, Northern Territory, ACT
What is Delegated Legislation?
Legislation that is made by authority of an Act of Parliament whereby Parliament transfers authority to a third party.
What are different types of Delegated Legislation?
- Regulations
- Ordinances
- Rules
- By-Laws
What is the Legislative Process?
- Need for new law is identified
- Draft Bill
- First Reading
- Second Reading
- Committe Stage
- Third Reading
- Upper House
- Royal Assent
What are the 3 arms of government?
Legislature
Executive
Judiciary
What is State Sovereignty
The authority of a state to make rules and laws for its population and the power to enforce these rules
What is International Law?
Law that governs relationships between nation-states
What is a State/Nation-State
An independent legal entity that is recognised by other states on an international basis
Article 1 of the Montevideo Convention states:
Defines a state of having the following characteristics:
* Defined Territory
* A permanent population
* Functioning Government
* Capacity to enter international relations
What are the 2 types of Treaties?
- Bilateral
- Multilateral
What is a Declaration?
Formal statement of a party’s position on a particular issue
What counts as Public Law?
- Criminal
- Administrative
- Constitutional
What counts as Private Law?
- Contract
- Property
- Tort
What are the Conditions of Law Reform?
- Changing social values
- New concepts of Justice
- New technology
- Existing laws are not working
What is Native Title?
Native Title is a property right which reflects a relationship to land which is the very foundation of the Indigenous religion, culture and wellbeing.
What are Rights?
Entitlements that people have by legal or moral authority
What are Responsibilities?
Legal or moral obligations that a person may have to another person, group, state, society or other people generally
What is the relationship between rights and responsibilities?
Where someone has the right to be treated in a particular way, someone else has a corresponding responsibility to uphold that right.
