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Introduction to Legal Studies > Legal Terms & Definitions > Flashcards

Legal Terms & Definitions Flashcards

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1
Q

Theories of Law?

A

Natural Law, Human Law, Legal Positivism.

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2
Q

Types of Law?

A

Religious, Customary, Civil, Common and Statute.

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3
Q

Law is a system of rules laid down by…

A

A body or person with the power and authority to make law.

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4
Q

Law is what…

A

Legislators, Judges and Lawyers “do”.

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5
Q

Law is a tool of…

A

Oppression used by the ruling class to advance its own interests.

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6
Q

Law is a system of rules grounded on…

A

Fundamental principles of morality.

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7
Q

The institutional Sources of law can be categorised into?

A

Primary sources of Law

Secondary sources of Law.

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8
Q

Primary sources of Law are?

A

Parliament (legislators)

Courts (Judicature)

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9
Q

Secondary sources of Law are?

A

International Law

Law reform commission reports

Academic Commentary.

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10
Q

What is Parliament?

A

Parliament is the originator of the most important source of law, namely, statutes

Parliament through its legislative powers can delegate its lawmaking powers to other bodies.

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11
Q

Describe the meaning of Statute.

A

A law that has been formally approved and written down.

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12
Q

What is Statute Law?

A

Documents containing laws enacted by Parliament are known as ‘statutes’, ‘legislation’ or ‘Acts of Parliament’.

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13
Q

Give examples of how Statutes affect our daily lives.

A

road rules, internet, mobile phones, safety…

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14
Q

What does each Statute deal with?

A

separate topic, e.g. Crimes Act; Family Law Act.

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15
Q

Statutes are enacted in accordance with…

A

The procedures laid down in both houses of Parliament.

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16
Q

How does a statute become law?

A

The Constitution of the Commonwealth of Australia is the over-arching Act under which the Legislature/Government operates, including how the relationship between the States and the Commonwealth works.

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17
Q

What is Delegated Legislation?

A

Parliament’s power to delegate its lawmaking powers to other bodies has been used for many years.

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18
Q

Delegated Legislation is published as…

A

statutory instruments/regulations.

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19
Q

Delegated Legislation, some regulations regulate whole areas of…

A

law, such as immigration- e.g. the Migration Regulations, 1994.

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20
Q

Delegated legislation requires…

A

the express authority of an Act of Parliament.

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21
Q

What are the important functions do the courts have?

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A

They are interpreters of law

They are also a major source of law through the development of the Common Law.

22
Q

What is the common law?

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A

The term is used to describe those rules of law that have been developed through previous court cases.

Previous decisions made by Judges and their reasoning for those decisions are often relevant to and applied to other matters before the Court.

Guides future decisions and interpretation of the Law.

23
Q

The common law relies on…

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A

The Common Law relies on ‘precedent’ where a Judge uses past decisions and judicial reasoning as a type of yard-stick against which to measure the actions and/or behaviour in a current matter.

24
Q

What are two dominant “traditions” in the western world?

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A

Civil Law

Common Law

25
The term "Common Law" denotes from...
The term “Common Law”, denotes all those legal systems which derive their laws from the English system.
26
Examples of Countries where they use the Common Law.
Examples include the United States of America, Australia, Canada, India, New Zealand and Singapore.
27
The Civil Law systems refer to...
The Civil Law systems refer to those developed out of the Romano- Germanic legal tradition of continental Europe.
28
European Community is dominated by...
The Civil Law tradition
29
What is the difference between Civil Law and Common Law?
civil law systems are mainly based on codified law, codified laws in common law systems are primarily preferred to tidy-up operations; Codification in civil law jurisdiction reduces the role of judges to merely Interpreting and apply the law of the Code. Whereas in Common Law jurisdictions, judges perform dual functions, i.e. interpreting legislation and acting as custodians of a distinct body of case law.
30
Why is the international law important source of law?
International law is an important source of law in today’s globalized world. It can be further classified as: Public international law Private international law.
31
Australia is partly to a number of ...
Australia is party to a number of international legal instruments, such as Conventions and Treaties. For example the Hague Convention, Convention on the Rights of Persons with Disabilities and the International Covenant on Civil and Political Rights, 1966.
32
Public international law, are agreements between ...
participating countries.
33
The obligations under an international treaty are ...
The obligations under an international treaty are then adopted and validated within our country through legislation.
34
Define The Statute of the International Court of Justice in Article 38(1) lists the sources of international law:
International conventions International customs The general principles of law Judicial decisions and the teachings of the most highly qualified publicists of various nations.
35
Define Private international law
It has the same application as public international law
36
Name The Evolution of the Australian Legal system.
The English Legal System Indigenous Legal Systems The Application of English Law in Australia The Reception of English Law in Australia Colonisation of Australia Federation of Australia The Constitution of Australia Constitutional Independence of Australia
37
Who is William the Conqueror?
Before he became the king of England, William I was one of the mightiest nobles in France as the duke of Normandy, but he is best remembered for leading the Norman Conquest of England in 1066, which changed the course of English history and earned him the sobriquet William the Conqueror. William the Conqueror invaded England from Normandy in1066
38
Was England only partly unified?
Yes
39
What was the Feudal System?
Feudal System: Fiefdoms and allegiance to the Lord
40
What are the priorities of centralisation and standardisation ?
Priority of the administration of justice.
41
The Rise of equity as separate to which law?
The rise of equity as separate to the common law
42
Indigenous people of Aboriginal and Torres Strait Islander descent lived in the land now known as Australia for how long?
for about 60,000 years prior to British settlement in 1788.
43
They had their own ...?
They had their own legal systems- sometimes referred to as customary law, passed down by oral tradition.
44
Indigenous laws governed all...?
Indigenous laws governed all aspects of their lives and their relationship with the land and the sea. It governed relationships, knowledge and conduct.
45
Traditional Lore was comparable to...?
Traditional Lore was comparable to the Ten Commandments and not doing things could also be an offence (eg sharing food).
46
Failure to obey indigenous laws can result in ?
Penalties
47
In 1788, how many Aborigines or Torres Strait Islanders were there?
In 1788, there were around 750,000 to one million Aborigines or Torres Strait Islanders.
48
Customary/traditional indigenous law was not allowed to ...?
Customary/traditional indigenous law was not allowed to co-exist with English Law in Australia.
49
The British colonization of Australia witnessed the imposition of English law throughout the land in which year?
1788
50
What is a Westminster System?
Australia's legal system is based on the british legal system, known as the westminster system.
51
Justified as the indigenous society was seen as ...?
Justified as the indigenous society was seen as primitive and devoid of systems of law and governance;
52
What does this mean: Justified by the doctrine of ‘Terra-Nullius”:
Land of nothing

Introduction to Legal Studies (1 decks)

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