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Legal Studies - Unit 2 > AOS 3 > Flashcards

AOS 3 Flashcards

Rights

1
Q

Right

A

A moral or legal entitlement to have or do something.

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2
Q

Discrimination

A
  • The unfavourable treatment of a person based on a certain attribute.
  • Age, gender, disability, ethnicity, religion or gender identity.
  • Can be direct or indirect
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3
Q

International Treaty

A
  • A legally binding agreement between countries or intergovernmental organisations.
  • Aim to follow the obligations set out in the agreement and include them in their own local laws.
  • Also known as an intergovernmental convention.
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4
Q

Political Party

A
  • An organisation that represents a group of people
  • With shared values and ideas,
  • Which aims to have its members elected to parliament.
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5
Q

Statute Law

A

Law made by parliament

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6
Q

Common Law

A

Law made by judges through decisions made in cases.

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7
Q

Australian Constitution

A

A set of rules and principles that guide the way Australia is governed.

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8
Q

International declaration

A

A non-binding agreement between countries that sets out the aspirations (ie. hopes) of the parties to the agreement.

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9
Q

Basic Freedoms (rights)

A
  • Right to life
  • Right to access clean water, food and shelter
  • Freedom from slavery, cruel punishment and discrimination
  • Freedom of speech and religion
  • Right to a fair and unbiased legal system
  • Right to vote
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10
Q

5 Fundamental Freedoms of the Australian People

A
  • Freedom of Speech
  • Freedom of Association
  • Freedom of Assembly
  • Freedom of Religion
  • Freedom of Movement
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11
Q

How are the Rights of Australians Protected

A
  • Statute Law
  • Common Law
  • Australian Constituation
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12
Q

Victorian Charter of Human Rights and Responsibilities

A
  • Protect and Promote human rights
  • Charter of Human Rights and Responsibilities Act 2006 [Vic]
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13
Q

What Rights do the Victorian Charter of Human Rights and Responsibilities Enforce?

A
  • Right to recognition and equality before the law
  • Right to a fair hearing
  • Right to not be tried or punished more than once
  • Right to legal aid, if denial will lead to an unfair hearing
  • Right to a free interpreter if necessary
  • Right to not be compelled to give evidence or confess guilt.
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14
Q

Rights Protected by Statute Law

A
  • Right to Privacy
  • Right to Security of Person
  • Right to Freedom of Discrimination
  • Right to Vote
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15
Q

Freedom of Speech

A
  • Being free to speak or write about any topic, subject to some legal restrictions.
  • Including criticising the government, without fear of being arrested, provided the remarks are true and don’t cause harm.
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16
Q

Freedom of Association

A

Being free to join any lawful group or organisation (including political parties or trade unions) to discuss and debate views.

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17
Q

Freedom of Assembly

A
  • Being free to meet with other people in public and private spaces.
  • Including meetings in groups to peacefully demonstrate for a change in the law or to protest against government policies.
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18
Q

Freedom of Religion

A
  • Being free to practise any lawful religion
  • Not having any religion imposed upon them by the government.
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19
Q

Freedom of Movement

A
  • Being free to move from one Australian state or territory to another.
  • Being able to leave and enter Australia at any time.
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20
Q

Supreme Law-Making Body

A
  • The parliament has the ultimate law-making power.
  • Meaning it can make or change any law within its power.
  • Pass legislation and abrogate common law.
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21
Q

Signatory

A
  • A state or organisation that has signed an international treaty.
  • Demonstrates a nation’s intent to adopt the treaty and incorporate it into their law.
22
Q

Ratification

A
  • Confirmation by a nation’s parliament of its approval of an international treaty signed by its government.
  • The parliament passes legislation that requires it by law to adopt the various rights and responsibilities set out in the treaty.
23
Q

Charter or Bill of Rights

A

A document that sets out the basic rights and/or freedoms of the citizens in a particular state or country.

24
Q

Legal Aid

A
  • Free or low-cost legal advice, education or information about the law and the provision of legal services.
  • Including legal assistance and representation.
25
Q

Conviction

A
  • A criminal offence that has been proved.
  • Prior convictions are previous criminal offences for which the person has been found guilty.
26
Q

Precedent

A
  • A principle established in a legal case that is followed by courts in cases where the material facts are similar.
  • Can either be binding or persuasive.
27
Q

Common Law Rights

A

Rights established by judges when making decision to resolve disputes.

28
Q

Cross-examination

A

The questioning of a witness called by the other side of a legal case.

29
Q

Ultra Vires

A
  • A Latin term meaning ‘beyond the powers’:
  • A law made beyond the powers of parliament.
30
Q

Codify (Codification)

A

To collect all laws on one topic together into a single statute.

31
Q

Abrogate (Abrogation)

A

To cancel or abolish a court-made law by passing an Act of Parliament.

32
Q

Express Rights

A
  • Rights that are stated in the Australian Constitution.
  • Are ‘entrenched’, meaning they can only be changed by referendum.
33
Q

Referendum

A
  • The method used for changing the wording of the Australian Constitution.
  • Requires a proposal to be approved by the Australian people in a public vote by a double majority.
34
Q

Double Majority

A

Requires a national majority of all voters in Australia and a majority of electors in a majority of states to vote in favour of a proposal.

35
Q

Implied Rights

A
  • Rights that are not expressly stated in the Australian Constitution.
  • Are considered to exist through interpretation by the High Court.
36
Q

Freedom of Political Communication

A

The right of the Australian people to freely discuss and debate political issues, subject to certain restrictions.

37
Q

Senate

A

The upper house of the Commonwealth Parliament.

38
Q

House of Representatives

A

The lower house of the Commonwealth Parliament.

39
Q

United Nations (UN)

A
  • An international organisation formed in 1945 made up of various countries.
  • The UN aims to take action on issues facing humanity.
40
Q

International Treaty

A

A legally binding agreement between countries or intergovernmental organisations, in which they undertake to follow the obligations set out in the agreement and include them in their own local laws.

41
Q

International Declaration

A

A non-binding agreement between countries that sets out the aspirations of the parties to the agreement.

42
Q

Imprisonment

A

A sanction that involves removing the offender from society for a stated period of time and placing them in prison.

43
Q

Federal System

A

A system of government in which a country is divided into states (each with its own parliament to make laws applicable in that state), in addition to having one central parliament with the power to make laws that apply to the entire country.

44
Q

Federal Legislature

A

A national law-making body.

45
Q

Congress

A

The federal legislature in the United States.

46
Q

Criminal Law

A

An area of law that defines behaviours and conduct that is prohibited and outlines sanctions for people who commit them.

47
Q

State Legislature

A

The state law-making bodies in the USA

48
Q

US Bill of Rights

A

A US law contained within the US Constitution that establishes the most important basic rights of the people and aims to protect them.

49
Q

Law Reforms

A

The process of constantly changing the law so it remains relevant and effective.

50
Q

Statutory Approach

A

(in relation to rights) The protection of rights through passing Acts of Parliament

Legal Studies - Unit 2 (3 decks)

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