Term One Flashcards
Working Towards Exam in Week 7 (23 cards)
What is the primary purpose of the law?
To ensure that all citizens are treated fairly and held to the same standard
This promotes order in society and functional international relations.
What are the three primary differences between laws and rules?
- Authority
- Consequences
- Regulation
What are the sources of law in Australia?
- Common law (court made law)
- Statute Law (Legislation or Acts made through passing of a Bill in Parliament)
What is common law?
Law made by judges in court based on precedent from previous decisions
Common law evolves through judicial decisions.
What is statute law?
Law made by parliament, starting with a bill and going through multiple steps to become an act
List the steps in the statutory law-making process.
- Social pressure for change
- Bill introduction
- First reading
- Second reading
- Committee stage
- Third reading
- Royal assent
What does the rule of law entail?
The belief that everyone should obey the law and be treated equally by law
Why is the rule of law important?
- Mitigates corruption
- Ensures fair power exercise
- Establishes freedoms and rights
- Helps communities function effectively
What are the three branches in the separation of powers?
- Executive
- Judiciary
- Legislature
What is the role of the judiciary?
To interpret laws and apply them
What is the role of parliament?
To create and change laws
What is the role of the executive government?
To administer laws
What is the difference between equity and equality?
- Equity: giving people what they need
- Equality: giving all people the same thing
Define ‘just outcome’.
Legally right, conforming to that which is lawful, fair and proper in the circumstances
Define ‘equitable outcome’.
Even and impartial, balancing the rule of law with the rights and freedoms of individuals and society
What are the components that help produce just and equitable outcomes?
- Legal aides
- Judges
- Barristers
- Policemen
- Accessible law
- Jury
What is jurisdiction?
The authority to hear a case and make decisions
What is original jurisdiction?
The right of a court to hear a case first
What is appellate jurisdiction?
The authority of a court to hear appeals from a court of original jurisdiction
What is the role of the High Court in Australia?
To handle constitutional matters and appeals from state courts and federal courts
How many justices are on the High Court?
Seven justices, including the Chief Justice
What is required for the retirement of judges in Australia?
Judges must retire at 70
What is the court hierarchy in Queensland?
- High Court
- Court of Appeals
- Supreme Court
- District Court
- Magistrates Court
