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Legal Studies - Unit 1 > AOS 1 > Flashcards

AOS 1 Flashcards

1
Q

Sue

A

Taking civil action against another.

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2
Q

Persuasive Precedent

A
  • Legal reasoning for a decision of a lower (or equal) court within the same jurisdiction,
  • May be considered relevant (and therefore used as a source of influence) even though it is not binding.
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3
Q

Supremecy of Parliment

A

Final law-making power rests with parliment which can repeal and amends its own statue and pass legislation to override common law.

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4
Q

Equality

A

All people being equal is status, rights or opportunities.

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5
Q

Family Law

A
  • Marriage,
  • Divorce,
  • Adoption,
  • De facto relationships.
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6
Q

Tort

A
  • A term that literally means ‘wrong’, (French)
  • A wrong that interferes with a person’s legally protected interests.
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7
Q

Doctrine of Precedent

A
  • Common law principle
  • Reasons for the decisions of higher courts are binding on courts ranked lower in the same hierarchy in cases where the material facts are similar.
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8
Q

Crime

A

An act of omission that is:
- Against an existing law an existing law
- Harmful to an individual or to society as a whole
- Punishable by law.

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9
Q

Statute Law

A

Law made by parliment: also known as Acts of Parliment or legislation.

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10
Q

Types of Law

A

What area the law covers (Criminal or Civil).

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11
Q

Conviction

A
  • When an offender has been found guilty
  • The court records a guilty verdict
  • In some instances, a court decides not to record a conviction so the offender does not have a criminal record.
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12
Q

Statutory Interpretation

A
  • Judges give meaning to the words or phrases in an Act of Parliament
  • Can be applied to resolve a case before the court.
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13
Q

Known

A

People are aware of any changes to the law.

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14
Q

Sanction

A

A penalty imposed by a court on a person guilty of a criminal offence.

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15
Q

Introduction and First Reading

A

The bill is introduced to the first house (usually the lower house).

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16
Q

Prosecution, the Crown, the State

A

The party bringing the case on behalf of the state.

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17
Q

Understandable

A

Able to be read and comprehendable be the average citizen.

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18
Q

Defendant

A

(In civil disputes) A party who is alleged to have breached a civil law and who is being sued by the plaintiff.

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19
Q

Avoidng Precedent

A

R.O.D.D.

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20
Q

Stare decisis

A
  • A Latin term meaning ‘let the decision stand’,
  • Legal reasoning behind precedent.
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21
Q

Charge

A

When police formally allege that a person has committed a crime.

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22
Q

Appeal

A

An application to have a higher court review a ruling made by a lower court.

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23
Q

Third Reading

A

The bill is voted in its final form.

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24
Q

Compensation

A

What the plaintiff seeks.

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25
Q

What are the Characteristics of an Effective Law

A
  • Laws must reflect society’s values,
  • Laws must be enforceable,
  • Laws must be known,
  • Laws must be clear and understood,
  • Laws must be stable.
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26
Q

Sources of Law

A

Who makes the law (Courts or Parliament).

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27
Q

Abrogate (abrogation)

A

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

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28
Q

Compensation Order

A
  • An order made by a court
  • Offender pays money to a person who has suffered less damage as a result of offences.
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29
Q

Binding Precedent

A
  • Legal reasoning for a decision of a higher court
  • Must be followed by a lower court in the same jurisdiction in cases where the material facts are similar.
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30
Q

Civil wrong

A

A tort

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31
Q

Proclamation

A

the Act comes into operation.

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32
Q

Enforcable

A

Able to be imposed so that it is complied with.

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33
Q

Jurisdiction

A

The boundaries of power a particular court or organisation has to hear and determine disputes or deal with particular types of issues.

34
Q

Industrial and workplace law

A
  • Occupational health and safety,
  • Working conditions,
  • Work contracts,
  • Workplace agreements,
  • Union disputes.
35
Q

Fairness

A

Treatment of behaviour without favouritism or discrimination, free from bias or injustice.

36
Q

Access

A

The right or ability to enter or make use of something.

37
Q

Defamation

A
  • A civil law,
  • A person can claim their reputation has been damaged.
38
Q

Royal Assent

A

The Governor General (federal) or the Governor (state) approves the bill before it becomes law.

39
Q

Appellate Jurisdiction

A
  • Power to review a decision made the first time a dispute was heard and resolved,
  • Hear the dispute or an aspect of it another time.
40
Q

Ratio Decidendi

A

-Latin term meaning ‘the reason’;
- Legal reasoning behind a judge’s decision.
- Forms the binding part of the precedent.

41
Q

Second Reading

A
  • The purpose of the bill is explained and it is debated and voted on.
  • In Victoria, the bill is considered with respect to its compatibility with the Victorian Human Rights Charter.
42
Q

Committee Stage/Consideration in detail

A
  • Bill is considered in detail, clause by clause.
  • Amendments are most likely to occur at this stage.
43
Q

Property Laws

A
  • Wills,
  • Planning laws,
  • Real estate purchases.
44
Q

Secondary Legislation

A
  • Rules and regulations made by secondary authorities (eg local councils, government departments and statutory authorities) that are given the power to do so by parliament
  • Also called delegated legislation
45
Q

R.O.D.D.

A
  • Reversing prevision precedent/decision (same case on appeal).
  • Overruling (different case).
  • Distinguishing (material or central facts sufficiently differently).
  • Disapproving (‘obiter dictum’ persuasive in future cases).
46
Q

Crimes against morality

A
  • Street prostitution,
  • Use of illegal drugs.
47
Q

Court Hierachy

A
  • Order of which courts in Victoria,
  • Based on the seriousness of the disputes heard and the formality of the courts.
48
Q

Crimes against the state

A

Teason.

49
Q

Abrogation of common law

A
  • Parliament, as the supreme law-making body, can change or override (ie abrogate) common law.
  • Parliament abrogates common law by passing an Act of Parliament that specifically abolishes the particular common law principle.
50
Q

Grounds

A

Reasons acceptable to the court that justify an appeal taking place.

51
Q

Sanction

A

The penalty handed down by the court.

52
Q

Suspect

A

the person who is suspected of having committed a crime.

53
Q

Civil Law

A
  • An area of law
  • Defines the rights and responsibilities of individuals, groups and organisations in society
  • Regulates private disputes
54
Q

Stable

A

Able or likely to continue or last.

55
Q

Crimes against property

A

Theft, property damage, robbery, deception.

56
Q

Damages

A
  • An amount of money that the court (of tribunal) orders one party to pay another party.
  • The most common remedy in a civil claim.
57
Q

Federal

A

Refers to courts that have the power to hear matters that arise under laws that cover the whole of Australia.

58
Q

Consumer Laws

A

Tenancy agreements, sale of goods, advertising laws.

59
Q

Plaintiff

A

The person bringing the civil dispute.

60
Q

Codification of common law

A

Common law is codified or put into a statute.

61
Q

Crimes against the person

A

Assault, rape, manslaughter, murder.

62
Q

Society’s values

A

The generally recognised and accepted principles and standards that guide people’s behaviours and actions.

63
Q

Ability of Courts to influence Parliment

A
  • Courts can also influence changes in the law made by parliament through the comments judges made during court cases.
  • For example, they may indicate in a judgement that they think a law should be changed by parliament.
64
Q

State

A

Refers to the states of Australia, for example, Victoria.

65
Q

Guilt or not guilty

A

The person can be found guilty or not guilty

66
Q

Stages of a bill through Parliament

A
  • Introduction and First Reading,
  • Second Reading,
  • Committee stage/Consideration in detail,
  • Third Reading,
  • The Bill Passes the First House,
  • The same procedure, in the second house,
  • Royal assent,
  • Proclamation,
  • The Act becomes law.
67
Q

Principle of Justice

A

The fundamental or basic ideas and values that try to promote just treatment and outcomes in our legal system.

68
Q

Accused

A

The person who has been charged with an offence.

69
Q

Tort Law

A

Negligence, trespass, nuisance, defamation.

70
Q

Criminal law

A

An area of the law that defines behaviours and conducts that are prohibited and outlines sanctions for people who commit them.

71
Q

Common Law

A
  • Law made by judges through decisions made in cases. - Also known as case law or judge-made law
72
Q

Remedy

A
  • Any order made by a court that is designed to address a civil wrong or breach.
  • Should provide a legal solution for the plaintiff for a breach of civil law by the defendant.
  • Restore the plaintiff to their position before they were wronged or their rights were breached.
73
Q

Obiter Dictum

A
  • A Latin term meaning ‘by the way’
  • Comments made by the judge in a particular case that may be persuasive in future cases.
74
Q

Precedent

A
  • A principle established that is followed by the courts in cases where the material facts are similar.
  • Precedents can either be binding or persuasive.
75
Q

Negligence

A

A civil law (also a criminal law) under which a person can claim that they have been injured as a result of someone acting negligently towards them.

76
Q

Crimes against the legal system

A

Perjury, contempt of court.

77
Q

Codify (codification)

A

To collect all law into one topic together into a single statute.

78
Q

Original Jurisdiction

A

The power to hear a particular dispute for the first time.

79
Q

Plaintiff

A

A party who makes a legal claim against another party in court.

80
Q

Private Member’s Bill

A

A bill introduced into parliment by a member of parliment who is not a government minister.

81
Q

What are the Principles of Justice?

A

Fairness, Equality, Access.

Legal Studies - Unit 1 (3 decks)

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