Law Flashcards
chapter 22 in Humanities textbook (26 cards)
Define Rules
Regulations or guidelines imposed upon the members of a specific group so they can work together in a peaceful manner. E.g School, Sport
Define Laws
Formal rules designed to govern the way people behave.
Who makes Bi- Laws?
Local Council
Define Sanction
A penalty (e.g fine or imprisonment) imposed on a person who has breached a criminal law.
What is a statute?
Laws made by parliament (also called Legislation or Acts Of Parliament)
What is a Judge and what do they do?
Judges are an impartial adjudicator whose role is to ensure proper processes are followed in court to ensure justice is upheld; They can also determine the outcome in trials that don’t use a jury.
What Is Parliment?
An organisation that makes the laws in a country, often with a lower house to draft laws and the upper house to review laws; In Australia, The monarch’s representative ( the governor general) is also a part of parliament and officially creates the laws.
Define Statutory Authority
A body or organisation that is established by the parliament to make laws on its behalf. ( e.g Local councils, Austalia Post and Vicroads)
What are legal Principles?
A legal rule of law established by a judge
List Characteristics of an Effective Law
-Must be understood
-must be known to the public
- Must be accepted by the community
- Must be able to change
- Must be stable ( not changing all of the time)
What does ‘rule of Law’ mean?
The idea that everyone is equal before the law regardless of their power or status in society
Define common Law
Unwritten laws that are based on legal precedents made by the courts
Why does Lady Justice wear a Blindfold?
Lady justice wears a blindfold to symbolise the legal system is objective and impartial
Define Presumption of Innocence
The right of a person accused of committing a crime to be presumed and reasonably treated as not guilty until proven otherwise.
What Is a Criminal Case?
Cases that involve an individual who has been accused of committing a crime.
What is a Civil Case?
cases that involve disputes between individuals or groups over an alleged breach of rights of an individual
If Tim were to slip on a wet floor at the supermarket and break his wrist would it be a criminal or a civil case?
Civil
What is a Summary Offence?
A minor offence heard in the magistrates’ court
what is an Indictable Offence?
A serious offence heard before a judge and jury
Define Jurisdiction
The legal power to make legal decisions and judgements
What is Court Hierarchy?
The ranking from lowest to highest jurisdiction of a court system.
What’s the order for the courts in Australia from lowest to highest ( eg. magistrate, county etc)?
Lowest - Magistrates Court or Local Court
Intermediate - District Court/ County court
Superior - Supreme Court
The High Court of Australia.
What Does The Magistrate Court do?
Mainly hears summary criminal offences and civil cases involving amounts under $100,000. They are the busiest court and hear 90% of all criminal matters.
What Does The County/District Court Do?
Generally hears all serious criminal cases except murder or attempted murder, as well as all serious civil cases involving amounts over $100,000. This Court can also has the power to hear certain types of appeals from the magistrates’ court.
