Legal Studies Flashcards
(71 cards)
What does ‘arbitrary laws’ mean?
Based on individual discretion rather than a fair application of the law
Laws that do not make sense.
Define ‘totalitarian’.
A person advocating a totalitarian system of government characterized by oppressive rule and the concentration of power in a single ruler.
What is ‘authoritarian’ governance?
Favouring strict obedience to authority without affording civil liberties or political rights.
What characterizes an Orwellian system?
A political system where the government tries to control every aspect of people’s lives.
What is the principle of ‘egalitarianism’?
The doctrine that all people are equal and deserve equal rights and opportunities.
What does ‘anarchy’ refer to?
Absence of law that leads to disorder.
What is ‘tyranny’?
A government where all power is held by a single ruler, characterized by oppressive rule and the absence of fair legal processes.
List examples of tyranny.
- Taliban
- North Korea
- Vladimir Putin
- Stalin
- Hitler
- King John (Magna Carta)
What are ‘customs’?
Rules that arise in a traditional or religious setting, which may not always have consequences.
Define ‘ethics’.
Rules informed by morals that apply in a professional setting.
What is the significance of the Magna Carta?
A document from 1215 that established the principle that no one is above the law, introducing the concept of procedural fairness.
What does ‘separation of powers’ mean?
A governance model to prevent abuse of power by dividing authority among different branches.
Define ‘statute law’.
Law made by parliament, also known as an Act or Legislation.
What is ‘common law’?
Law that comes from court cases and judicial decisions.
What is ‘binding precedent’?
A precedent that comes from a higher court and must be followed.
What is ‘equity’ in legal terms?
A principle that applies general rules of fairness when common law is inadequate.
What is the role of the High Court in Australia?
To serve as the highest court, hearing appeals and constitutional cases.
What does ‘original jurisdiction’ mean?
A case is heard by the court for the first time, without prior appeal.
What is a ‘plebiscite’?
A vote that does not require adherence like a referendum.
What is the definition of ‘jurisdiction’?
The type of cases a court can hear and the authority it has.
What does ‘adversarial system’ mean?
A legal system where two parties are represented by lawyers and the judge ensures rules are followed.
What is the difference between majority and dissenting opinions?
Majority is more than half of the judges voting one way; dissenting is those who disagree.
What is a ‘bill’?
A proposal for a new law that, if passed, becomes an act of parliament.
What happens during a committal hearing?
A magistrate reviews evidence to decide if a case should be transferred to a higher court.
