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LEGAL STUDIES > Core 1: The Legal System > Flashcards

Core 1: The Legal System Flashcards

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1
Q

Law

A

A set of rules imposed on all members of society which are officially recognised, binded and enforced by people or organisations such as police and or the courts

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2
Q

The characteristics of laws

A

They govern behaviour, are dynamic, discoverable, created by legal bodies, reflect values and are different in each society

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3
Q

Jurisdiction

A

Every country and state have different laws regarding what you can and cant do

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4
Q

Customs

A

Common practices followed by people of a particular group or region

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5
Q

Rules

A

Rules are made by individuals or groups to maintain conduct in certain situations

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6
Q

What is the relationship between customs, rules and laws?

A

Overtime widely held customs become rules, and widely held rules become formalised laws.

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7
Q

Justice

A

The legal principle of upholding generally accepted rights and enforcing responsibilities, ensuring that outcomes are achieved for those involved.

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8
Q

doli incapax

A

A Latin term meaning “incapable of wrong”; the presumption that a child under 10 years of age cannot be held legally responsible for his or her actions and cannot be guilty of a criminal or civil offence

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9
Q

equality

A

That all people are treated the same way without unfair advantage or disadvantage

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10
Q

Fairness

A

Free from bias, dishonesty, or injustice

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11
Q

access

A

the right or opportunity to make use of something particularly in the legal system

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12
Q

Industrialised inequality

A

refers to the unjust mistreatment of an individual or group by society and its institutions as a whole, through bias, intentional or unintentional, as opposed to individuals making a conscious choice to discriminate

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13
Q

Procedural Fairness/Natural Justice

A

The body of principles used to ensure the fairness and justice of the decision-making procedures of courts; in Australia it generally refers to the right to present your case, the right to freedom from bias by decision-makers, and the right to a decision based on logically relevant evidence

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14
Q

Strategies used to uphold procedural fairness.

A
  • Jury
  • Lawyer
  • the right to appeal
  • innocent till proven guilty
  • judge
  • no forced confessions
  • the right to remain silent
  • Warrants
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15
Q

Rule of Law

A

No one is above the law

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16
Q

Anarchy

A

a lack of government and law; confusion

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17
Q

Tyranny

A

A form of government in which the ruler is an absolute dictator (not restricted by a constitution or laws or opposition etc.)

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18
Q

Common Law

A

The law when based on custom and court rulings

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19
Q

What is the opposite of Anarchy

A

Tyranny

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20
Q

Statute Law

A

Law made by parliament

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21
Q

The Adversarial System

A

trial procedures designed to resolve conflict through the clash of opposing sides, moderated by a neutral, passive judge who applies the law

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22
Q

inquisitorial system

A

A trial system in which a judicial official or set of officials acts as both prosecutor and judge, questioning witnesses, examining evidence, and reaching a verdict.

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23
Q

1066

A

Birth of Common Law

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24
Q

Equity Law

A

a system of rules by which disputes are resolved on the grounds of fairness

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25
Precedent
an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.
26
stare decisis
A Latin phrase meaning "let the decision stand." Most cases reaching appellate courts are settled on this principle.
27
Binding Precedent
A decision of a higher court that must be followed by lower courts in the same hierarchy.
28
Persuasive precedent
A decision of another court which is influential but not binding.
29
Ratio decidendi
The reason for the decision
30
Obiter dicta
comments from a judge in a case that are not directly relevant to the case, and therefore not legally binding
31
Appeal
apply to a higher court for a reversal of the decision of a lower court.
32
original jurisdiction
the power of a court to hear a case first, before any other court
33
appellate jurisdiction
The authority of a court to review decisions made by lower courts
34
The Local Court
hears civil matters up to the value of $100,000, committal hearing in front of a magistrate, deals with minor criminal matters (eg. fines)
35
Commital hearing
a hearing that is held as part of the committal proceeding. At the committal hearing, the magistrate will decide whether there is sufficient evidence to support a conviction for the offence charged
36
Summary offence
criminal offence that can be dealt with by a single judge without a jury and do not require a preliminary hearing
37
Indictable offence
A serious criminal offence that requires an indictment ( a formal written charge) and a hearing; indictable offences are typically. Tried before a judge and jury and are subject to a greater penalty
38
The coroners court of NSW
a special court that investigates unnatural causes of death, and the cause and origin of fires or explosions
39
Children's Court
This court deals with the civil matters related to the care and protection of children and young people.
40
Land and Environment Court
This court is a specialist court responsible for interpreting and enforcing environmental law in the state of NSW. Deals with matters related to environmental planning.
41
District Court of NSW
hears more serious criminal charges apart from murder and treason, also has civil jurisdiction where claims are between $100,000 and $750,000
42
Bicameral
A legislature consisting of two parts, or houses
43
Two houses of NSW Parliament
The legislative council (upper house) and the legislative assembly (lower house)
44
Two houses of Federal Parliament
Senate and House of Representatives
45
What is a minister?
a head of a government department
46
Elective Council
The governor general and selected ministers
47
Governor General
The Queens representative in Australia
48
Codification
the action or process of arranging laws or rules according to a system or plan.
49
Delegated legislation
Laws made by authorities other than parliament, who are delegated the power to do this by an act of parliament
50
federation
The process of uniting several states to form a single national government
51
Referendum
the referral of a particular issue to the electorate for a vote
52
Constitutuion
a document that outlines the rules for governing a nation
53
division of powers
basic principle of federalism; the constitutional provisions by which governmental powers are divided on a geographic basis
54
concurrent powers
powers shared by the national and state governments
55
Ultra Vires
A Latin term meaning "beyond the powers"; in corporate law, acts of a corporation that are beyond its express and implied powers to undertake.
56
Seperation of powers doctrine
doctrine according to which separate powers are assigned to the legislative, executive, and judicial branches of government
57
Domestic Law
the law of a state
58
International Law
A body of rules that binds states and other agents in world politics and is considered to have the status of law
59
Country
a nation or area of land that is politically controlled by one government
60
Treaties
formal agreements between nations
61
state sovereignty
The state has the political power to govern itself rather than the federal government
62
United Nations (UN)
an organization of the world's countries that promotes peace and security around the globe
63
Dualist system
a legal system that does not deem treaties enforceable domestically until and unless they are incorporated into domestic law, usually by passing similar legislation
64
monist system
a legal system that deems treaties enforceable in domestic law as soon as they have been signed
65
Law reform
the process of constantly updating and changing the law so it remains relevant and effective
66
Conditions that give rise to law reform
- Changing social values - New concepts of justice - New technology
67
Agencies of reform
law reform commissions, parliamentary committees, the media, non-government organisations
68
terms of reference
A set of guidelines used to define the purpose and scope of an inquiry
69
Law reform commissions
a group of legal experts who advise parliament or a provincial legislature about potential law reforms
70
Parliamentary committees
select, standing or joint committees composed of members of parliament, formed by the parliament for specific purposes
71
media
the main means of mass communication
72
NGO's
Non-governmental organizations
73
Lobby Groups
groups of people who attempt to directly influence or persuade an organisation to adopt particular policies
74
mechanisms of law reform
- Courts - Parliaments - The UN - Intergovernmental organisations
75
Public Law
law dealing with the relationship between government and individuals
76
Mens Rea
guilty mind
77
Actus rea
guilty act
78
crime
An act against the law
79
Administrative Law
The body of law created by administrative agencies in order to carry out their duties and responsibilities.
80
internal review
When the same government department reviews their decision
81
External Review
When agencies are reviewed by a person or body outside that agency
82
Judicial Review
Allows the court to determine the constitutionality of laws
83
Private Law
is the law which aims to regulate the relationship between individuals, companies and organisations
84
3 main types of private law
- tort law, contract law, property law
85
Contract Law
Law that refers to agreements between individuals and entities that are binding
86
Damages
A monetary award sought as a remedy for a breach of contract or a tortious action.
87
Plaintiff
a person who brings a case against another in a court of law.
88
civil jurisdiction
The power of a court to hear matters involving disputes between private individuals, and to award civil remedies
89
Injunction
an authoritative command or order
90
Specific Performance
A legal action to compel a party to carry out the terms of a contract.
91
Tort
A civil wrong
92
Types of Torts
intentional, negligence, strict liability
93
What do you need to prove if you are suing under tort law?
Duty of Care, breach of Duty, and Damage done
94
Property Law
The law of the legal fence that establishes exclusive right in someone called an owner.
95
Real Property
physical property such as land and buildings
96
Summary offences
Criminal offences that can be dealt with by a single judge without a jury and do not require a preliminary hearing
97
Examination in chief
Questioning a witness, by the barrister who called that witness
98
cross-examination
The questioning of an opposing witness during a trial.
99
Credibility
the quality of being believable or trustworthy

LEGAL STUDIES (2 decks)

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