Legal Task 1 Revision Flashcards
We're so cooked.... (88 cards)
What is procedural fairness?
Procedural fairness refers to the fairness of the processes that lead to legal outcomes.
True or False: Procedural fairness only applies to criminal cases.
False
Fill in the blank: Procedural fairness is also known as __________ justice.
natural
What are the two main principles of procedural fairness?
The right to a fair hearing and the rule against bias.
What is the difference between common law and statute law?
Common law is developed by judges through court decisions, while statute law is created by legislative bodies.
Multiple Choice: Which of the following is an example of statute law? A) A judge’s ruling B) A law passed by Parliament C) A legal precedent D) A court’s interpretation
B) A law passed by Parliament
What is the primary source of common law?
Judicial decisions or case law.
True or False: Statute law can override common law.
True
What does the division of powers refer to?
The distribution of authority between different levels of government.
Fill in the blank: In the United States, the division of powers is primarily between the __________, state, and local governments.
federal
Multiple Choice: Which level of government is responsible for enacting federal laws? A) State B) Local C) National D) Municipal
C) National
What is the significance of the rule against bias in procedural fairness?
It ensures that decision-makers are impartial and do not have a personal interest in the outcome.
True or False: Common law can evolve over time through judicial interpretation.
True
What is the role of precedent in common law?
Precedent binds lower courts to follow the legal principles established in previous rulings.
Multiple Choice: Which of the following best describes statute law? A) Unwritten law B) Codified law C) Historical law D) Customary law
B) Codified law
What type of law is created by legislative bodies?
Statute law
Fill in the blank: The principle of __________ fairness requires that individuals have the opportunity to present their case.
procedural
True or False: Statute law is always superior to common law.
True
What is the purpose of procedural fairness in legal proceedings?
To ensure that all parties have a fair chance to present their case and that decisions are made impartially.
Multiple Choice: Which of the following is NOT a characteristic of common law? A) Developed by judges B) Based on statutes C) Evolves through case law D) Follows precedents
B) Based on statutes
What does the term ‘legislative supremacy’ refer to?
The principle that legislative bodies have the ultimate authority to create laws.
Fill in the blank: The __________ of powers is a key feature of federal systems of government.
division
True or False: Procedural fairness is only a concern in administrative law.
False
What is the significance of the right to appeal in procedural fairness?
It allows individuals to challenge decisions made in their cases, ensuring oversight and correction of potential errors.