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legal studies > YR11 Legal > Flashcards

YR11 Legal Flashcards

Year 11 Content

1
Q

Why do we need laws?

A
  1. Regulate behaviour
  2. For society to function
  3. Protect disadvantaged groups
  4. Resolve disputes
  5. Enforce rights
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2
Q

Define Law

A

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

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3
Q

Define Custom

A

Established patterns of behaviour among a particular group of people

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4
Q

Define Rule

A

Prescribed directions for conduct in certain situations

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5
Q

Define Values

A

Principles or qualities considered worthwhile by society

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6
Q

Define Ethics

A

Rules or standards directing the behaviour of a person or the members of the profession

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6
Q

What case can be used for Procedural Fairness?

A

James Hird AFL Case

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6
Q

What should Just Laws be?

A

C: Current (cannot be held in retrospect)
A: Acceptable
K: Known
E: Enforcable
S: Same (should apply to everyone equally)

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7
Q

Define Anarchy

A

When a country is left without effective laws and government, resulting in chaos

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8
Q

Define Tyranny

A

Reign by a single leader who holds absolute power. Typically resulting in a loss of human rights.

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9
Q

What is Common Law?

A

Law made by Courts

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10
Q

What is an Appeal?

A

An application to have a higher court reconsider a lower court’s decisions on the basis of an error of the law

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11
Q

What is Court Jurisdiction?

A

The power of a Court to hear certain cases

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12
Q

What is Appellate Jurisdiction?

A

The ability or power of a court to hear appeals of the decisions of lower courts and to reject, affirm or modify these decisions.

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13
Q

What is Statute Law?

A

Law made by Parliament

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14
Q

Which states/territories in Australia DO NOT have a bicameral system?

A

Queensland, Northern Territory, ACT

15
Q

What is Delegated Legislation?

A

Legislation that is made by authority of an Act of Parliament whereby Parliament transfers authority to a third party.

16
Q

What are different types of Delegated Legislation?

A
  • Regulations
  • Ordinances
  • Rules
  • By-Laws
17
Q

What is the Legislative Process?

A
  • Need for new law is identified
  • Draft Bill
  • First Reading
  • Second Reading
  • Committe Stage
  • Third Reading
  • Upper House
  • Royal Assent
18
Q

What are the 3 arms of government?

A

Legislature
Executive
Judiciary

19
Q

What is State Sovereignty

A

The authority of a state to make rules and laws for its population and the power to enforce these rules

20
Q

What is International Law?

A

Law that governs relationships between nation-states

21
Q

What is a State/Nation-State

A

An independent legal entity that is recognised by other states on an international basis

22
Q

Article 1 of the Montevideo Convention states:

A

Defines a state of having the following characteristics:
* Defined Territory
* A permanent population
* Functioning Government
* Capacity to enter international relations

23
Q

What are the 2 types of Treaties?

A
  1. Bilateral
  2. Multilateral
24
Q

What is a Declaration?

A

Formal statement of a party’s position on a particular issue

25
Q

What counts as Public Law?

A
  • Criminal
  • Administrative
  • Constitutional
26
Q

What counts as Private Law?

A
  • Contract
  • Property
  • Tort
27
Q

What are the Conditions of Law Reform?

A
  • Changing social values
  • New concepts of Justice
  • New technology
  • Existing laws are not working
28
Q

What is Native Title?

A

Native Title is a property right which reflects a relationship to land which is the very foundation of the Indigenous religion, culture and wellbeing.

29
Q

What are Rights?

A

Entitlements that people have by legal or moral authority

30
Q

What are Responsibilities?

A

Legal or moral obligations that a person may have to another person, group, state, society or other people generally

31
Q

What is the relationship between rights and responsibilities?

A

Where someone has the right to be treated in a particular way, someone else has a corresponding responsibility to uphold that right.

legal studies (11 decks)

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