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2007GIR - Legal Issues for Managers > Introduction & Basics > Flashcards

Flashcards in Introduction & Basics Deck (32)
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1

What is law?

Device to regulate the economic and social behaviour of society.

2

What does law consist of?

Rules and principles enacted by governments, embedded within constitutions and statutes and embodied in the decisions of the courts.

3

What is the definition of law?

The sum of a set of rules accepted by individuals of a state in regard to their conduct toward each other.

4

What is the rule of law?

The principle that every person and organisation (including government) is subject to the same laws.

5

What is "The legal system"

The authority that binds the law

6

An effective legal system has what four qualities?

Certainty, flexibility, fairness and accessibility

7

What are ethics?

Concerned with what is right and what ought to be

8

What is statutory law?

Legislation

9

What is legislation?

Enacted laws established by the people through parliamentary representitives and other government bodies

10

What is the "common law"?

Law created through reported decisions of judges in superior courts (precedent)

11

What are the two main sources of Australian law?

Parliament made law and Judge made law

Both are made on a federal + state level

Parliament made law = Legislation, Acts, Statute

Common Law = Case law

12

What are the two meanings of the term "Common Law" ?

Name of the legal system used in Australia

Refers to case law made by judges

13

What are the two meanings of the term "Civil Law" ?

Reference to a legal system used in other parts of the world

An area WITHIN the common law system governing relations between two parties (contract, tort law)

14

How is civil law, conducted under the common law system in Australia, classified? Who is it usually between?

Citizen v Citizen/Organisation/Government

15

How is criminal law usually between?

The State/Government OR Fed Government v. The Accused

16

What is public law?

The organisation of government and its relationship with the people

17

What is private law?

Deals with disputes between individuals or organisations (but can include the government as a party)

18

What is substantive law?

The actual rights and duties of individuals and organisations under the law

19

What is procedural law?

Concerned with the rules of evidence and the conduct of criminal and civil proceedings

20

What is international law?

Concerned with the regulation of conduct between nation states

21

What is municipal law?

Domestic laws that come from statute/case law

22

When there is a conflict with state powers and Commonwealth law, which will usually prevail?

Commonwealth law.

23

What is the term that is used to refer to a change in constitution?

A referendum

24

What is a referendum?

A change in the constitution

25

Explain the "Separation of Powers"

The "Separation of Powers" is a doctrine which seeks to confine the exercise of the legislative, executive and judicial branches of government exclusively to their respective institutions:

Parliament (Legislative) = make the law

Executive:= Administer the law

The Judiciary (Courts) = interpret & enforce the law

26

What does the Federal Parliament consist of?

The Queen, the Senate and the House of Reps

27

What is the "lower house"?

The House of Representitives

28

What is the "upper house"?

The Senate

29

What is section 61 of the constitution?

Executive Power

30

What is "The Executive"?

The Cabinet