Aborignial customary law Flashcards Preview

Legal Prelim > Aborignial customary law > Flashcards

Flashcards in Aborignial customary law Deck (10):
1

When was the issue investigated?

In 1986 by Australian law reform commision for Aboriginal people in tribal conditions

2

What were the issues found incorporating ACL?

prob of unacceptable rules and punishments
secret aspects of ACL
Neet to protect A. women
ACL laws now changed since britich, not same/as clear
Law & order probs in A. communitiies

3

what did they do ?

Created circle sentencing where if A. person pleads guilty the circle has full sentencing power of courts and involves person in process to make more meaningful experience

4

Where is customary law used?

in Nsw and many other states

5

Why did they choose this?

to attempt to integrate ACL into Oz law

6

How else do they integrate ACL?

In some cases, judges consider what trdational punishments would have been and how it would apply

7

What is public law?

affects all of society
governs conduct of gov and pub administration institutes
involves disputes between person and state

8

what are some examples of of public law?

Criminal law= offences against person / state
Administrative law=involves gov agencies & regulatory authorities
Constitution law=relationship btw states and each other and fed gov and protection of citizens
Enviro law=issues affecting air qualtiy, land, waterways and protects wildlife
Industrial law=issues affecting employers and employees

9

What is private law?

affects individuals/ companies
involves disputes betw citizens and legal entities

10

What are some egs of private law?

Contract law=governs creation, performance, breaches, remedies in contracts
Tort law=for damages from civil(non intentional) wrondoings
Property law=ownership and sale, incl intellectual property
Family law=a fed law relates to all aspects of fam life
Probate law=divisoin of person's assets after death