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Legal studies term 1 2019 > Term 1 > Flashcards

Flashcards in Term 1 Deck (15)
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1
Q

What is a rule

A

a statement of controlling nature instated by authority yet not legally enforced

2
Q

What is a law

A

a law is a rule that is legally enforced statewide, nationwide or worldwide

3
Q

What are the 5 purposes of laws

A

Moral, Cultural, Political, Economic , Social

4
Q

What is customary law?

A

Cusromary law connects the Aboriginal people to their lands and relies on the respect of their elders to stay out of trouble. It is not written down, nor is it the same as every other tribe

5
Q

What is a stakeholder

A

someone who is affected (postively or negatively) in a situation

6
Q

what is the rule of law?

A

Is the principle that all people and institutions are equally subject to and accountable table to the law

7
Q

A criminal case is?

A

the state vs a person

evidenced on Beyond reasonable doubt

8
Q

How do you write a criminal case name?

A

State V Defendant Year

9
Q

A civil case is?

A

person vs person or company

evidenced on balance of probabilities

10
Q

How do you write a civil case name

A

Plaintiff V Defendant Year

11
Q

What is the onus of proof

A

presentation of innocence-proving evidence.

12
Q

Name the separation of powers doctrine and each power’s role

A

Judicial-courts, punish individual in accordance with the law
Legislative- creates the law
Executive- Implement the law (police)

13
Q

When and why was the australian constitution introduced

A

January 1, 1901
It was invented so no differing laws between Australian states and territories were contradicting each other. It also disposed of the ‘terra nulius’ instated by captain cook on arrival

14
Q

What laws does federal government preside over

A

Has exclusive powers

taxation, terrorism, customs etc

15
Q

What are the steps to making a law?

A

1) Introduce bill
2) bill drafted
3) first reading
4) second reading
5) committee of the whole
6) third reading
7) royal assent