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Flashcards in Law Deck (40):
1

What is a company?

A company is a separate entity distinct from its shareholders, directors, officers and employees.

Recognised by law as a legal person with its own rights and liabilities

2

What a fundamental characteristic of a company?

An important characteristic of a company is limited liability.

3

What is limited liability?

Limited liability means that shareholders are not personally liable for their company's debts.

4

What is law?

Law is a system of enforceable rules designed to regulate conduct and provide framework towards social cooperation.

5

What are qualities 'good' laws?

- uniformity
- certainty
- flexibility
- fairness
- accessibility
- Promulgation
- Prospectivity

6

What do shareholders mean to a company?

Shareholders contribute capital by paying the issue price on their shares

7

What is the purpose of law?

Law serves many purposes in society but the main purpose is to ensure that society as a whole behaves in an orderly and reasonable way. Balances self-interest and community interest out.

8

What are the two categories of law?

One is national law (within the country) the other is international law (between countries).

9

What is the source of law?

All law comes from the 'sovereign body'

10

What are two categories within international law?

Private international law and public international law.

11

Statute law is also known as legislation? True or false.

True

12

Terra nullius means?

Land belonging to no one

13

Common law is called 'common' because?

It became used in all parts on England

14

Statute law is known as?

Legislation

15

What category is family law categorised in?

Civil law

16

The doctrine of the separation of powers is?

The doctrine of seperate on of powers is the separation of the three parts of government (legislative, executive and judicial).

17

Common law is known as?

Case law and judge-made law

18

What body makes statute law?

The Queensland parliament

19

What are the three arms of government? And what do they do?

Legislative (makes laws), Executive (administers laws) and Judicial (interprets and enforces laws). Judicial must always be separate to the other arms.

20

What are two Major legal families?

Civil law (originating in Europe) and Common law (originating in England)

21

How did Common law come to Australia?

Common law came when Captain Cook (an English explorer) found Australia and deemed it terra nullius meaning land belonging to no one. Therefore England's laws became Australia's laws.

22

What is Civil law?

Civil law the judge is the main investigator and has the main role of discovering the facts by asking questions and demand evidence. The lawyer present arguments based on what evidence the court finds.

23

What type of argument is Civil law?

Civil law has an inquisitorial nature.

24

What type of nature does a Common law have?

Common law has an Adversarial nature.

25

What is Common law?

The judge acts as a referee between opposing lawyers and decides when it comes to matters of law. In the event of jury absence judges find facts. Most judges don't inquire about matters but rely on arguments presented by lawyers.

26

Statute law is also known as legislation? True or false.

True

27

Terra nullius means?

Land belonging to no one

28

Common law is called 'common' because?

It became used in all parts on England

29

Statute law is known as?

Legislation

30

What category is family law categorised in?

Civil law

31

The doctrine of the separation of powers is?

The doctrine of seperate on of powers is the separation of the three parts of government (legislative, executive and judicial).

32

Common law is known as?

Case law and judge-made law

33

What body makes statute law?

The Queensland parliament

34

What are the three arms of government? And what do they do?

Legislative (makes laws), Executive (administers laws) and Judicial (interprets and enforces laws). Judicial must always be separate to the other arms.

35

What are two Major legal families?

Civil law (originating in Europe) and Common law (originating in England)

36

How did Common law come to Australia?

Common law came when Captain Cook (an English explorer) found Australia and deemed it terra nullius meaning land belonging to no one. Therefore England's laws became Australia's laws.

37

What is Civil law?

Civil law the judge is the main investigator and has the main role of discovering the facts by asking questions and demand evidence. The lawyer present arguments based on what evidence the court finds.

38

What type of argument is Civil law?

Civil law has an inquisitorial nature.

39

What type of nature does a Common law have?

Common law has an Adversarial nature.

40

What is Common law?

The judge acts as a referee between opposing lawyers and decides when it comes to matters of law. In the event of jury absence judges find facts. Most judges don't inquire about matters but rely on arguments presented by lawyers.