10215137
Description
Flashcards by Aaron Vorn, updated more than 1 year ago
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Created by Aaron Vorn
over 6 years ago
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| Question | Answer |
| What is a value?? | Standards or qualities considered desirable in society |
| What are rules? | Regulations controlling conduct |
| What are customs? | Collective habits or traditions developed in society |
| What are ethics? | Standards directing the behaviour of a person |
| What are characteristics of 'just laws'? | Fair and impartial treatment of everyone. Human rights are respected/recognised |
| What are the characteristics of the 'Nature of Justice'? | All citizens have equal access to the law and that the law provides equality, fairness and justice. |
| What is 'Procedural Fairness'? | Refers to the idea that there must be fairness in the processes that resolve disputes. |
| What are the 2 main principles of natural justice? | 1. The right to be heard (fair hearing) 2. The right to have a decision made by an unbiased decision maker |
| What is 'Access'? | Refers to the ability to obtain something. Everyone must have the same level of access to the institutions and agencies of the law |
| What is the rule of law? | No one is above the law, including those who make the law |
| What do police do with the law? | Enforce it |
| What do judges and legislators do with the law? | Administer and interpret it |
| What do lawyers do with the law? | Represent and advise people on the law |
| What is anarchy? | Absence of laws/government |
| What is tyranny? | Rule by a single leader holding absolute power in a state |
| What is the origin of common law? | 1. Derived from British Legal system 2. Australian legal system brought over by the First Fleet |
| What are the 4 main courts in Australia? | 1. Local 2. District 3. Supreme 4. High |
| What is parliament? | A body of elected representatives |
| What is the role of parliament? | Debates proposed legislation, passes or rejects it, and amends legislation |
| Apart from QLD and the territories, all state parliaments and the federal parliament are _________ What does this mean? | Bicameral. This means they have two houses (Upper and Lower) |
| What is the role of the legislative process in statute law? | To pass laws |
| Who introduces laws? | The party that holds government |
| What is a proposed new law called? | A bill |
| Before a bill passes and becomes federal law it must get approval from? | Both houses of parliament and the Governor General |
| What is delegated legislation? | Legislation made by non-parliamentary bodies |
| Who drafts, considers and passes delegated legislation? | Subordinate bodies such as government departments or local councils |
| What is the division of powers? | Separating power down the governmental chain: Federal, state and local |
| What is the separation of powers? What are the roles of each? | Separation of power amongst the legislature (Makes law), the executive (Administers law) and the judiciary (Interprets and applies law) |
| How many chapters in the constitution? | 8 |
| What is Section 71 of the Constitution? | Creates the High Court of Australia and allows the Commonwealth Parliament to create other courts. |
| What is Section 72 of the Constitution? | Outlines how High Court judges are appointed. |
| What is domestic law? | Law of the state |
| What is international law? | A body of rules established by custom or treaty and recognised by nations |
| What does international law do? | Maintains peace and security between states. Enables states to participate in trade. |
| What are the 5 main sources of international law? | Customs, declarations, treaties, legal decisions and legal writings |
| What is state sovereignty? | A state that has the authority to rule itself |
| What is a declaration? | International instruments that state and clarify the parties position on particular issues |
| What is a treaty? | Written international agreement |
| What are the two types of treaties and what is the difference? | Bilateral - Between two nations Multilateral - Between many states |
| What are legal writings? | Writings of respected international lawyers, judges and academics . |
| What is the chief organisation involved in international law? | The UN |
| What are the main organs of the UN? | The General Assembly and the Security council |
| Which main organ of the UN is more important? Why? | The Security Council. They have the final say about security and peacekeeping activities |
| What is the primary judicial body of the UN? | The International Court of Justice (ICJ) |
| What are intergovernmental organisations? | Organised group of states that pursue mutual interests |
| What are non-government organisations? | Associations based on common interests and aims. There is no connection to the government |
| What is public law? | Law governing relationships between individuals and the state |
| What are the 3 main areas of public law? | Criminal, Administrative and Constitutional |
| What is criminal law? | Body of rules under which certain acts are punished by the state |
| What is administrative law? | This law looks after the government powers and decisions of government organisations |
| What is constitutional law? | This law focuses on the rules governing the executive, legislative and judicial functions of government |
| What is private law? | Body of law governing relationships between individuals |
| Who is private law usually between? | Persons, companies and organisations |
| What are the 3 major areas of private law? | Contract, tort and property |
| What is a contract? | An agreement between 2 or more parties that is recognised by the law |
| What is contract law? | Concerned with the recognition of this agreement and the actions taken to enforce it. |
| What are torts? | Civil wrongs |
| What is tort law? | Situations in which someone has done something to interfere with the rights of someone else |
| What is property law? | Law that governs relations involving things and interests that can be owned and that have a commercial value. |
| What system of trial decides legal outcomes in Australia? | Adversarial |
| What are the two types of criminal hearings? | Summary and trial by jury |
| What is a summary offence? Who hears these cases? | Minor offences (e.g traffic offences). Heard by Magistrate or judge |
| What is an indictable offence? Who hears these cases? | Serious criminal offences. Heard by Judge and jury |
| What is a civil law system? | System that uses a set of rules that are applied and interpreted by judges. |
| What is a common law system? | Developed by custom |
| What is law reform? | Law reform is the process of examining existing laws, implementing changes in the legal system, with the aim of enhancing justice or efficiency. |
| What are the 3 main conditions that give rise to law reform? | Social values, new concepts of justice, new technology |
| What are the 5 agencies involved in law reform? | Law reform commission, Parliamentary committees, the media, NGO's and lobby groups |
| What is precedent? | A judgement that is authority for a legal principle, and that provides guidance for deciding cases that have similar facts |
| What are the 4 mechanisms of law reform? | Courts, Parliaments, the UN and intergovernmental organisations |
| How are courts a mechanism of law reform? | They make law through precedent |
| How do we change the law? | Through the passage of bills |
| What is the balance of power? | the power held by the political party whose vote is needed to pass legislation |
| How does law reform take place through the UN? | When Australia implements a treaty by passing domestic legislation that takes account of the international obligations |
| How do Intergovernmental Organisations contribute to international law reform? | Through the promotion and development of multilateral and bilateral treaties |
| What are rights? | Entitlements that people have by legal or moral authority |
| What are responsibilities? | Legal or moral obligations that a person has to another person |
| What rights are humans entitled to? | To do something or possess something as a result of being human |
| What are legal rights? | Based on our constitution, statute law and common laws. |
| In our Constitution, what are expressed rights? | Civil/political rights that are clearly outlined in the Constitution |
| In our Constitution, what are implied rights? | Civil/political rights that can be inferred from the Constitution |
| What is another term for LEGAL responsibilities | Obligations and/or duties |
| What is the idea of 'duty of care'? | It is owed to all persons who are likely to be closely and directly affected by your behaviour. |
| What is meant by the term 'negligence'? | Carelessness; a tort that involves breach of duty of care resulting in harm that could be foreseen |
| What is the interrelationship between rights and responsibilities? | Where someone has a right, someone else has a corresponding responsibility |
| What are law enforcement agencies? List an example | Bodies that have the role of enforcing the law. E.g. Police/Federal Police |
| What is the role of police? | Uphold the law, preventing and investigating crime, and providing community protection |
| What is the role of the federal police? | Enforcing federal and criminal law. Prevents and detects crime against Commonwealth law |
| What is an ADR? | Dispute resolution process that does not involve courts. |
| List 3 ADRs and their roles | Negotiation - Discussion between two or more parties Mediation/Conciliation - Neutral third party helps the parties negotiate Arbitration - Independent third party determines how the dispute is resolved |
| What are non-legal methods of resolving disputes between states? | - Media - Members of parliament -Trade unions -Interest groups, NGOs |
| What are legal methods of resolving disputes between states? | Internal reviews and external reviews (administrative, judicial, ombudsman, statutory bodies) |
| What is the issue for 'Law in Practice' | Individual or groups in conflict with the state |
| What was Jock Palfreeman convicted for? | Murder by Hooliganism |
| Who did Jock allegedly murder? | Andrei Monov |
| Who did Jock allegedly wound | Antoan Zahariev |
| Where did the incident with Jock Palfreeman occur? | St Nedelya Square, Bulgaria |
| What was Jock sentenced? | 20 years in prison |
| Which criteria are you going to incorporate into your essay? | Resource efficiency, Protection of individual rights, has justice been achieved? |
| What are non-legal responses to the Jock Palfreeman case? | Media, Public campaigns |
| What are legal responses to Jock Palfreeman's case? | Discuss his sentence, trial, Bulgarian legal system |
| When did Jock's trial begin? | May 21st 2008 |
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