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Legal Task 1 Flashcards

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1
Q

What is law?

A

A set of rules imposed on all members of a community which are officially recognised, binding and enforceable by persons or organisations such as the police and/or courts.

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2
Q

What are values?

A

Principles, standards, or qualities considered worthwhile or desirable within a society.

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3
Q

What are rules?

A

Regulations or principles governing procedure or conduct on a community or a certain group.

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4
Q

What are customs?

A

Collective habits or traditions that have developed in a society over a long period of time, not enforceable.

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5
Q

What is customary law?

A

Principles and procedures that have developed according to the customs of a people or nation, or groups of nations, and are treated as obligatory.

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6
Q

What is a state?

A

A politically independent country.

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7
Q

What is justice?

A

The legal principle of upholding generally accepted rights and enforcing responsibilities, ensuring that equal outcomes are achieved for those involved.

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8
Q

What is a legal system?

A

The system of courts, prosecutors and police within a country.

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9
Q

What is equality?

A

The state or quality of being equal; that is, of having the same rights or status.

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10
Q

What is fairness?

A

Freedom from bias, dishonesty, or injustice; a concept commonly related to everyday activities.

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11
Q

What is doli incapax?

A

The presumption that a child under 10 years of age cannot be held legally responsible for his or her actions and cannot be guilty of a criminal or civil offence.

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12
Q

What is access?

A

The right or opportunity to make use of something.

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13
Q

What is procedural fairness / natural justice?

A

Principles used to ensure the fairness and justice of the decision-making procedures of courts; refers to the right to know the case against you and to present your case, the right to freedom from bias by decision-makers, and the right to a decision based on relevant evidence.

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14
Q

What does the rule of law entail?

A

No one is above the law; governmental authority is exercised in accordance with written, publicly disclosed laws that are adopted and enforced in accordance with established procedural steps (due process).

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15
Q

What is a sanction?

A

A penalty imposed on those who break the law, usually in the form of a fine or punishment.

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16
Q

What is tyranny?

A

Rule by a single leader holding absolute power in a state.

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17
Q

What is common law?

A

Law made by courts; historically, law common to England.

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18
Q

What is statute law?

A

Law made by parliament.

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19
Q

What is the adversarial system?

A

A system of resolving legal conflicts, used in common law countries such as England and Australia, which relies on the skill of representatives for each side (e.g. defence and prosecution lawyers) who present their cases to an impartial decision-maker.

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20
Q

What is the inquisitorial system?

A

A legal system where the court or a part of the court (e.g. the judge) is actively involved in conducting the trial and determining what questions to ask; used in some countries with civil legal systems as opposed to common law systems.

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21
Q

What are courts of equity?

A

Historically, courts whose decisions were more discretionary and based on moral principles, and which served as an antidote to the inflexibility of the common law.

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22
Q

What is equity?

A

The body of law that supplements the common law and corrects injustices by judging each case on its merits and applying principles of fairness.

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23
Q

What is anarchy?

A

The absence of laws and government.

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24
Q

What is a precedent?

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A

A judicial decision that is cited in a subsequent dispute serving as an example or guidance to decide cases of a similar matter.

25
What does stare decisis mean?
'The decision stands'; the doctrine that a decision must be followed by all lower courts.
26
What is ratio decidendi?
The legal reason for a judge's decision.
27
What are obiter dicta/obiter dictum?
Comments from a judge in a case that are not directly relevant to the case, and therefore not legally binding.
28
What is jurisdiction?
The powers of a court, depending on its geographic area, the type of matters that it can decide, and the type of remedy that it can award.
29
What is defamation?
The act of making statements or suggestions that harm someone's reputation in the community.
30
What is an appeal?
An application to have a higher court reconsider a lower court's decision, on the basis of an error of law.
31
What are summary offences?
Minor criminal offences that can be dealt with by a single judge without a jury and do not require a preliminary hearing.
32
What are indictable offences?
Serious criminal offences that require an indictment (a formal, written charge) and a preliminary hearing; they are typically tried before a judge and jury and are subject to a greater penalty.
33
What are committal hearings?
Inquiries held in the Local or Magistrates' Court to determine whether there is enough evidence against the defendant to warrant a trial in a higher court.
34
What are coronial inquests?
Investigations into suspicious deaths, held in the Coroner's Court and overseen by a magistrate called the Coroner.
35
What is larceny?
Taking another person's property with intent to permanently deprive the owner of the property; also known as stealing.
36
What is appellate jurisdiction?
The ability or power of a court to hear appeals of the decisions of lower courts and to reject, affirm, or modify those decisions.
37
What is corporations law?
Legislation that regulates corporations and the securities and futures industry in Australia; it is administered by the Australian Securities and Investments Commission (ASIC).
38
What is a bill?
A drafted law that has not yet been passed by parliament.
39
What is delegated legislation?
Laws made by authorities other than parliament, who are delegated the power to do this by an act of parliament.
40
What is an Act of Parliament?
Statute law, resulting from a bill successfully passing through parliament and gaining royal assent.
41
What is federation?
The process of uniting several states to form a single national government.
42
What is a referendum?
The referral of a particular issue to the electorate for a vote; must pass a double majority.
43
What is the White Australia Policy?
The government policy of allowing only Europeans and English-speaking people to immigrate to Australia.
44
What is a tariff?
A tax that must be paid on imports or exports.
45
What are legislative powers?
The legal power or capacity to make laws, section 51 and 52 of the constitution.
46
What are concurrent powers?
Powers held by both state and federal parliaments, section 51 of the constitution.
47
What are exclusive powers?
Powers that can be exercised only by the Federal Parliament, section 52.
48
What are residual powers?
Those matters on which the states can legislate, section 108 of the constitution.
49
What does ultra vires mean?
(Latin) Beyond the power or authority legally held by a person, institution or statute to perform an act.
50
What is the external affairs power?
The power of the Commonwealth to legislate on international matters involving Australia; interpreted by the High Court to mean that when the Commonwealth signs an international treaty or convention it has the authority to enact laws to give effect to this international law within Australia.
51
What does bipartisan mean?
Having the support of the two major political parties.
52
What are civil liberties?
Basic individual rights, such as freedom of speech and religion, which are protected by law.
53
What is original jurisdiction?
The ability or power of a court to hear a case in the first instance.
54
What is mandamus?
A court order compelling a government official or organisation to perform a particular task.
55
What is prohibition?
A court order that forbids a lower level court from hearing or taking further action in a case or matter.
56
What is an injunction?
A court order requiring an individual or organisation to perform, or (more commonly) not to perform a particular action.
57
What does fiscal relate to?
Relating to government financial matters.
58
What is merits review?
Analysis of the facts presented in a case, and often the policy choices that led to the decision.
59
What is special leave?
Where the High Court grants approval for the case to come before it in its appellate jurisdiction.

Legal Task 1 (2 decks)

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