Legal studies

Subdecks (1)

Cards (46)

  • Some characteristics of rules are that they are set to a particular community, less powerful.
  • A law is applied to everyone, more powerful than rules and enforced by police and the government.
  • Aboriginal law was passed down from generations and is a legal system based on rituals and customs.
  • Terra nullius means 'land belonging to no one'.
  • When the British landed, they believed that Aboriginals had no law
  • Three levels of government: Federal, state, and local.
  • The leader of federal government is Prime minister - to become this you need to be elected by house of representatives
  • Head of government is Premier and head of state is Governor.
  • All state governments but QLD, NT, ACT have 2 houses of parliment
  • Head of local government is called a mayor - can only make rules on local issues
  • Three different types of legislative power: exclusive, concurrent and residual
  • Examples of exclusive powers include defense, currency, copyright, immigration and airports
  • Examples of concurrent powers include hospitals, transport, education, main roads and waterways
  • Examples of residual powers include police, schools, public transport, prisons, agriculture and ambulance
  • Most laws in Australia are made by the federal and state government
  • The four main roles of laws are establishing boundaries, freedom, protection and resolving disputes.
  • Laws are different in every country
  • In Australia, the method of trial used is called the adversarial system. This means two opposing sides will present their arguments to an independent umpire; a judge or a magistrate.
  • Laws that are written down beforehand are called statute law, or Acts
    of Parliament.
  • Common law are laws made by judges
  • Precedent means that judges will make the same decisions in cases that are similar
  • The laws created by parliament have the highest status and must be obeyed by all people. Parliament makes most laws
  • Each parliament has a constitution, which is a document that outlines the powers of the parliament and any restrictions to its law-making authority.
  • Private law deals with how
    individuals interact with other individuals as well as the rights and duties people have towards each other.
  • Public law is concerned with regulating people’s behaviour within society as a whole and protects the freedom of individuals.
  • If some people are unable to access the law, then they are
    discriminated against and consequently denied justice.