The Legal System Flashcards
(18 cards)
Outline the concept of justice.
The continued effort to do the fair thing and ensure everyone involved has an equal outcome.
What is equality?
Everyone is treated equally and fairly, with the same rights and status.
Outline the Rule of Law
No one is above the law, including those who create it and enforce it.
What are the conditions that give rise to law reform?
The changing of social values, new technologies and the failure of existing laws.
List the mechanisms of law reform
Groups
Activists
The business community
Welfare organisations
Trade Unions
Lobby groups
What legislation was created by the NSW Law reform Commission?
Law Reform Commission Act 1967 NSW
Outline the role of Parliamentary committees.
Parliamentary committees increase public awareness and debate on issues under consideration by Parliament.
Outline the role of a NGO
A Non Government Organisation (NGO) is a not for profit organisation that does not use government funding. All money earned is through fundraising from the community. They are set up separately from the local, state and federal government.
Outline the concept of ‘Terra Nullius’
Translates to ‘land belonging to no one’. The term used to describe Australia when the Europeans first thought it was open for settlement.
What was the outcome of the 1967 referendum in Australia?
Indigenous Australians regained their basic human rights (eg. voting)
What is the Native Title?
The right of Aboriginal and Torres Strait Islander peoples to their traditional land.
Why is the case Mabo v Queensland (No 2) [1992] HCA 23 significant in Australian history?
Altered the foundation of land law in Australia and rendered terra nullius a legal fiction.
Overturned terra nullius in Australia
What is the role of the National Native Title Tribunal?
Recognising and protecting Native Title. Establishing a mechanism for determining claims for Native Title and establishing ways in which future dealings can affect Native Title.
What is the legal basis for rights in Australia?
Constitution
Statute law
Common law
Identify three law enforcement agencies.
Know one in detail
State police
Australian Federal Police (AFP)
Apprehended Violence Order
Australian border force
Australian criminal
Outline the role of those law enforcement agencies.
State Police: enforce the law of the state and deal with state matters and have state-wide jurisdiction
Australian Federal Police: enforce the laws of the nation, dealing with state matters such as terrorism and other national and international dealings.
Apprehended Violence Order: a court order that protects a person who fears violence and harassment from a particular person.
What is alternative dispute resolution? Why is it important?
An alternative to going to court. They are cheaper and more time efficient. Alternative dispute resolutions can include:
Mediation
Arbitration
negotiation
Allows people to solve disputes themselves and people can achieve justice even if they cannot afford a lawyer.
Get to choose their own outcome instead of a judge or magistrate doing it for them
