Week 1 Flashcards
(45 cards)
Two Authoritative Sources of Law
Legislative and Case Law
Two Types of Legislative Law
Parliamentary Legislation and derogatory legislation
Parliamentary Legislation
Law created by parliament creating acts of parliament (aka statutes)
Delegatory Legislation
Law created by a delegated authority. Delegated by the government. Called regulations and by-laws.
What is case law?
Case law are judge made law. Relies on the doctrine of precedent.
Can only make a principle of law that is relevant to the actual case before it.
What are the 7 principles of law
Resolves disputes
Maintains social order Preserves and enforces community values Protects the disadvantaged Stabilises the economy Prevents misuse of power Institutionalises values
Criminal Law
System of legal rules establishing criminal offenses and penalties for infringement of those laws
Between the state and the individual
Civil Law (in relation to criminal Law)
Is between private parties regulates disagreements
Between two or more individuals (incl. Companies).
also known as litigation, the set of legal rules and legal procedures that regulate the relationship between members of the community and enable them to resolve disputes
Substantive Law
System of legal rules that set out the rights and obligations of citizens or individuals in that country
Procedural Law
Sets out a system of legal rules that sets out how legal proceedings are to be conducted including rules of evidence
Public Law
Within substantive law deals with relationships between individuals and the state
Includes criminal law constitutional law and tax law
the category of law concerned with the relationship between the citizen and the state it includes constitutional law at its administrative law criminal law and taxation law
Private Law
Dealings with relationships between individuals
Looking at tort law and contract law the category of law concerned with the relationships between individuals within the community includes contract law tort law and property law
Domestic Law
System of law regulation a particular individual in a particular jurisdiction
Australia or NSW state
International Law
System of law dealing with regulation of law between states (btw Australia and Japan
Private international law determines which states of law will be applied in dispute i.e. Japanese or Australian law used
Contract Definition
agreement between two or more people that is legally enforceable
Tort Law
powerful act other than a breach of contract giving the victim a right to sue for compensation
provides a remedy for those harmed by the acts or omissions of another
trespass negligence defamation nuisance and passing off
Intellectual Property
a form of intangible creation such as the expression of an idea a trademark at new technology or a new design
Litigation (sue)
legal proceedings brought by one member of the community against another also known as civil action
Federal Government
pertaining to the nation of Australia eg the federal parliament or federal legislation also known as Commonwealth
Local Authority
a statutory authority such as the City Council or Shire council that exercises legislative power delegated to it by the state or territory government also known as local government
Define Law
law is a system of enforceable rules governing social relations and legislated by political system
What does sovereign mean?
a supreme ruler of state
the queen is the sovereign in modern liberal democracies Australia the parliament is seen as sovereign: parliamentary sovereignty
Prosecution
legal proceedings brought in a court of law as a result of the sites seeking to establish the guilt of a person charged with having committed a crime
Rule of Law 3 Characteristics and definition
the principle that governmental authority must be exercised only in accordance with written, publicly disclosed laws that have been adopted and are reinforced in accordance with established procedure and that all citizens including those who make up the government are ruled by laws rather than the by personal discretion or arbitrary exercises of power
the law will be applied equally to everyone regardless of his or her social status culture religion or political beliefs
the court will uphold the legal rights of the citizens including the right of to personal freedom no person will be punished other than for conduct that is expressly made illega
