Law Flashcards
(42 cards)
What is law?
A set of rules binding a community, that can be enforced and officially recognised.
The law…
Imposed duties (something a person is required to do) and rights (something to which a person is entitled.)
Four types of public law
Administrative Law
Constitutional Law
Criminal Law
Industrial Law
Three types of private law
Contract Law
Tort Law
Family Law
Two types of law in the Australian legal system are…
Statute Law
Common Law
Statute Law is made by…
The parliament
Common Law is made by…
Judges
The hierarchical legal system:
Local Court Children’s Court Coroner’s Court District Court Supreme Court (Single Judge) Court of Appeal High Court (Single Judge) High Court (Full Court)
The term constitution refers to…
A set of rules by which a nation is governed.
The main role of the Australian Constitution is to determine…
The powers that can be implemented by the Commonwealth government and what powers remain with State government.
Magna Carta is such an important legal document…
As it was “the first attempt to restrain authority on the monarchy.”
The federal parliamentary system refers to…
The distribution of powers between a central government and regional governments.
Division of Power
Exclusive Powers
Residual Powers
Concurrent Powers
Customary Law is…
Law associated with a specific custom or tradition.
International Law is…
The body of law that governs the relationship between nations.
The process of making international law include:
Proposing a law
PM asks the government
They sign the agreement
Therefore must be ratified
The process of ratification requires:
The national government to first implement the proposed international law into the national law, only then will the nation be obliged to participate.
Criminal Law examples:
Main ordinary crime
White collar crime
Drugs
Traffic
Administrative Law is…
The law of government departments.
Constitutional Law is…
The power between the federal and regional governments.
Contract Law is…
A legally binding agreement between two or more parties.
Tort Law is…
Civil wrongs involving one person inconveniencing another.
Property Law is…
Anything that can be brought or sold is considered property.
The role of a judge is to…
Adjudicate and issues sentences and rulings.
