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Year 11 Legal Studies > The Legal System > Flashcards

The Legal System Flashcards

1
Q

Laws

A

Rules made by a sovereign power and are applied to everyone equally. They are enforced by people in positions of power or authority and change over time to reflect societal values.

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2
Q

Purpose of Laws

A

Laws are put in place so that society can work effectively - prevents anarchy

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3
Q

Rules

A

Regulations or principles governing procedure or controlling conduct which tells us what is and isn’t allowed. Rules only apply to a certain group in a certain situation

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4
Q

Customs

A

Collective habits or traditions developed in a society over a long period of time. Customs develop when behaviour in a particular situation becomes so common that members of the community expect it to occur all the time

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5
Q

Values

A

Principles considered important by individuals or society and are often reflected in the law.

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6
Q

Ethics

A

Standards set by society about right or wrong actions

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7
Q

Morals

A

Things we (individually) think are right or wrong.

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8
Q

Links between legal concepts

A

Values > Ethics > Customs > Rules > Law Reform

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9
Q

Justice

A

Legal principle of upholding generally accepted rights and enforcing responsibilities, ensuring that equal outcomes are achieved for those involved. Justice is always the goal of the legal system.

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10
Q

Characteristics of Just Laws

A

Equal
Based on widely held values
Utilitarian
Rectifies inequalities
Minimise delays
Must be known

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11
Q

Nature of Justice

A

Equality
Fairness
Access

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12
Q

Equality

A

Nature of justice: requires laws that don’t discriminate and are applied equally to all people

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13
Q

Fairness

A

Nature of justice: state of being fair, or free from bias, dishonesty or injustice

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14
Q

Access

A

Nature of justice: individuals must be able to access the law in order for justice to be achieved

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15
Q

Procedural Fairness (Natural Justice)

A

There must be fairness in the processes that resolve disputes.
Procedural Fairness = Fair Hearing Rule (right to be heard) + No Bias Rule (an unbiased decision maker)

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16
Q

Rule of Law

A

No one is above the law and people are treated equally and fairly under the law

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17
Q

Anarchy

A

State of disorder and chaos resulting from the absence of laws and government

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18
Q

Tyranny

A

Rule by a single leader holding absolute power in a state
- Opposite of anarchy
- No rule of law

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19
Q

Common Law

A

Collection of legal principles and rules that are derived from the decisions of judges in higher courts > establish precedent

20
Q

Equity

A

Body of law that supplements common law.
Corrects injustices by judging each case on its merits and applying principles of fairness
- Equity always prevails common law

21
Q

Doctrine of Precedent

A

Rule that a legal principle that has been established by a superior court should be followed in other similar cases by other courts

22
Q

Ratio Decidendi

A

A statement by the judge about the reason for their decision. Creates precedent for lower courts

23
Q

Obiter Dicta

A

Other statements made by judges (e.g. personal opinions)

24
Q

Civil Law System

A

Judge investigates case and defence has responsibility of proving accused person did not commit offence
- Inquisitorial System of Trial

25
Q

Common Law System

A

Judges can make law, do not seek evidence, make their decision based on evidence presented to them by both sides
- Adversarial System of Trial

26
Q

Inquisitorial System of Trial

A

Judge is actively involved in asking questions, calling evidence and determining the case

27
Q

Adversarial System of Trial

A

Parties to a court case are opponents who must prove their version of events to win the case. The judge is only an impartial observer.

28
Q

Statute Law

A

Laws developed by parliaments.
Overrides common law.

29
Q

Role of Parliament

A

Passing legislation
Representing votes
Scrutiny (examining government)
Formation of government

30
Q

Structure of parliament

A

Bicameral: TWO chambers or houses of parliament
Unicameral: SINGLE legislative chamber

31
Q

NSW Lower House

A

Legislative Assembly

32
Q

NSW Upper House

A

Legislative Council

33
Q

Commonwealth Lower House

A

House of Representatives

34
Q

Commonwealth Upper House

A

Senate

35
Q

Legislative Process

A
  1. Identify new law
  2. Draft bill
  3. First reading (occurs in LOWER house)
  4. Second reading (describe man purpose and likely benefits + debate/vote)
  5. Committee Stage (law is debated and changes made if necessary)
  6. Third reading (if passed via vote it goes to the UPPER house)
  7. Upper House votes
  8. Royal Assent (by Governor-General)
36
Q

Delegated Legislation

A

Laws made by authorities other than parliament. Subordinate bodies (e.g. local councils) make law on parliament’s behalf)

37
Q

Delegated Legislation: Regulations

A

Laws made by the governor-general, state governors or members of the executive council

38
Q

Delegated Legislation: Ordinances

A

Laws made for Australian territories

39
Q

Delegated Legislation: Rules

A

Legislation made for government departments, usually by the department involved

40
Q

Delegated Legislation: By-Laws

A

Laws made by local councils, restricted to the area governed by the council

41
Q

Constitution

A

Document that outlines the rules that control the power, authority and operation of Australia
- Can only be changed through a referendum

42
Q

Division of Powers

A

Power is divided between the federal government and the states by the constitution
- Powers: Exclusive, Concurrent, Residual, Legislative

43
Q

Separation of Powers

A

Ensures that no group or individual within government has all the power
- Legislature: Law makers (parliament)
- Executive: Administer the law (police force, governor-general)
- Judiciary: Interpret and apply the law (judges and courts)

44
Q

High Court of Australia

A

Hears cases involving interpretation of the constitution. Highest court in Australia.

45
Q

Role of the High Court

A
  1. INTERPRET the constitution
  2. LISTEN AND DEAL with constitutional challenges between federal and state parliaments (e.g. Tasmanian Dam Case)

Year 11 Legal Studies (3 decks)

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