Flashcards
PRELIMINARY LEGAL STUDIES: Syllabus Notes
Flashcards do conjunto (102)
- 1What is a value??Standards or qualities considered desirable in society
- 2What are rules?Regulations controlling conduct
- 3What are customs?Collective habits or traditions developed in society
- 4What are ethics?Standards directing the behaviour of a person
- 5What are characteristics of 'just laws'?Fair and impartial treatment of everyone. Human rights are respected/recognised
- 6What 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.
- 7What is 'Procedural Fairness'?Refers to the idea that there must be fairness in the processes that resolve disputes.
- 8What 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 - 9What 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
- 10What is the rule of law?No one is above the law, including those who make the law
- 11What do police do with the law?Enforce it
- 12What do judges and legislators do with the law?Administer and interpret it
- 13What do lawyers do with the law?Represent and advise people on the law
- 14What is anarchy?Absence of laws/government
- 15What is tyranny?Rule by a single leader holding absolute power in a state
- 16What is the origin of common law?1. Derived from British Legal system
2. Australian legal system brought over by the First Fleet - 17What are the 4 main courts in Australia?1. Local
2. District
3. Supreme
4. High - 18What is parliament?A body of elected representatives
- 19What is the role of parliament?Debates proposed legislation, passes or rejects it, and amends legislation
- 20Apart 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)
- 21What is the role of the legislative process in statute law?To pass laws
- 22Who introduces laws?The party that holds government
- 23What is a proposed new law called?A bill
- 24Before a bill passes and becomes federal law it must get approval from?Both houses of parliament and the Governor General
- 25What is delegated legislation?Legislation made by non-parliamentary bodies
- 26Who drafts, considers and passes delegated legislation?Subordinate bodies such as government departments or local councils
- 27What is the division of powers?Separating power down the governmental chain: Federal, state and local
- 28What 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)
- 29How many chapters in the constitution?8
- 30What is Section 71 of the Constitution?Creates the High Court of Australia and allows the Commonwealth Parliament to create other courts.
- 31What is Section 72 of the Constitution?Outlines how High Court judges are appointed.
- 32What is domestic law?Law of the state
- 33What is international law?A body of rules established by custom or treaty and recognised by nations
- 34What does international law do?Maintains peace and security between states. Enables states to participate in trade.
- 35What are the 5 main sources of international law?Customs, declarations, treaties, legal decisions and legal writings
- 36What is state sovereignty?A state that has the authority to rule itself
- 37What is a declaration?International instruments that state and clarify the parties position on particular issues
- 38What is a treaty?Written international agreement
- 39What are the two types of treaties and what is the difference?Bilateral - Between two nations
Multilateral - Between many states - 40What are legal writings?Writings of respected international lawyers, judges and academics .
- 41What is the chief organisation involved in international law?The UN
- 42What are the main organs of the UN?The General Assembly and the Security council
- 43Which main organ of the UN is more important? Why?The Security Council. They have the final say about security and peacekeeping activities
- 44What is the primary judicial body of the UN?The International Court of Justice (ICJ)
- 45What are intergovernmental organisations?Organised group of states that pursue mutual interests
- 46What are non-government organisations?Associations based on common interests and aims. There is no connection to the government
- 47What is public law?Law governing relationships between individuals and the state
- 48What are the 3 main areas of public law?Criminal, Administrative and Constitutional
- 49What is criminal law?Body of rules under which certain acts are punished by the state
- 50What is administrative law?This law looks after the government powers and decisions of government organisations
- 51What is constitutional law?This law focuses on the rules governing the executive, legislative and judicial functions of government
- 52What is private law?Body of law governing relationships between individuals
- 53Who is private law usually between?Persons, companies and organisations
- 54What are the 3 major areas of private law?Contract, tort and property
- 55What is a contract?An agreement between 2 or more parties that is recognised by the law
- 56What is contract law?Concerned with the recognition of this agreement and the actions taken to enforce it.
- 57What are torts?Civil wrongs
- 58What is tort law?Situations in which someone has done something to interfere with the rights of someone else
- 59What is property law?Law that governs relations involving things and interests that can be owned and that have a commercial value.
- 60What system of trial decides legal outcomes in Australia?Adversarial
- 61What are the two types of criminal hearings?Summary and trial by jury
- 62What is a summary offence? Who hears these cases?Minor offences (e.g traffic offences). Heard by Magistrate or judge
- 63What is an indictable offence? Who hears these cases?Serious criminal offences. Heard by Judge and jury
- 64What is a civil law system?System that uses a set of rules that are applied and interpreted by judges.
- 65What is a common law system?Developed by custom
- 66What 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.
- 67What are the 3 main conditions that give rise to law reform?Social values, new concepts of justice, new technology
- 68What are the 5 agencies involved in law reform?Law reform commission, Parliamentary committees, the media, NGO's and lobby groups
- 69What is precedent?A judgement that is authority for a legal principle, and that provides guidance for deciding cases that have similar facts
- 70What are the 4 mechanisms of law reform?Courts, Parliaments, the UN and intergovernmental organisations
- 71How are courts a mechanism of law reform?They make law through precedent
- 72How do we change the law?Through the passage of bills
- 73What is the balance of power?the power held by the political party whose vote is needed to pass legislation
- 74How does law reform take place through the UN?When Australia implements a treaty by passing domestic legislation that takes account of the international obligations
- 75How do Intergovernmental Organisations contribute to international law reform?Through the promotion and development of multilateral and bilateral treaties
- 76What are rights?Entitlements that people have by legal or moral authority
- 77What are responsibilities?Legal or moral obligations that a person has to another person
- 78What rights are humans entitled to?To do something or possess something as a result of being human
- 79What are legal rights?Based on our constitution, statute law and common laws.
- 80In our Constitution, what are expressed rights?Civil/political rights that are clearly outlined in the Constitution
- 81In our Constitution, what are implied rights?Civil/political rights that can be inferred from the Constitution
- 82What is another term for LEGAL responsibilitiesObligations and/or duties
- 83What 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.
- 84What is meant by the term 'negligence'?Carelessness; a tort that involves breach of duty of care resulting in harm that could be foreseen
- 85What is the interrelationship between rights and responsibilities?Where someone has a right, someone else has a corresponding responsibility
- 86What are law enforcement agencies? List an exampleBodies that have the role of enforcing the law. E.g. Police/Federal Police
- 87What is the role of police?Uphold the law, preventing and investigating crime, and providing community protection
- 88What is the role of the federal police?Enforcing federal and criminal law. Prevents and detects crime against Commonwealth law
- 89What is an ADR?Dispute resolution process that does not involve courts.
- 90List 3 ADRs and their rolesNegotiation - 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 - 91What are non-legal methods of resolving disputes between states?- Media
- Members of parliament
-Trade unions
-Interest groups, NGOs - 92What are legal methods of resolving disputes between states?Internal reviews and external reviews (administrative, judicial, ombudsman, statutory bodies)
- 93What is the issue for 'Law in Practice'Individual or groups in conflict with the state
- 94What was Jock Palfreeman convicted for?Murder by Hooliganism
- 95Who did Jock allegedly murder?Andrei Monov
- 96Who did Jock allegedly woundAntoan Zahariev
- 97Where did the incident with Jock Palfreeman occur?St Nedelya Square, Bulgaria
- 98What was Jock sentenced?20 years in prison
- 99Which criteria are you going to incorporate into your essay?Resource efficiency, Protection of individual rights, has justice been achieved?
- 100What are non-legal responses to the Jock Palfreeman case?Media, Public campaigns
- 101What are legal responses to Jock Palfreeman's case?Discuss his sentence, trial, Bulgarian legal system
- 102When did Jock's trial begin?May 21st 2008
Informações
- Descrição
- Notes based on the full preliminary legal studies syllabus
- Criado por
- Aaron Vorn
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