Australian Basic Legal Concepts

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Questions and Answers

What is a primary function of law in society?

To promote anarchy.
To benefit only those in power.
To ensure the smooth operation of society. (correct)
To create divisions among people.

Which of the following is the LEAST accurate description of the 'rule of law'?

The law applies equally to all.
Government decisions must be based on the law.
No one is above the law.
Law is applied arbitrarily based on whim. (correct)

What is the relationship between legal institutions and jurisdictions?

They are hierarchical, with legal institutions overseeing jurisdictions.
They operate independently of each other.
There is a relationship between them. (correct)
They have no connection.

Which of the following does NOT describe the nature of justice?

Tyranny (C) Signup and view all the answers

Which term describes the absence of laws and government?

Anarchy (C) Signup and view all the answers

What does 'procedural fairness' primarily ensure?

That legal processes are impartial and just. (B) Signup and view all the answers

In the nature of justice, what does 'access' refer to?

The equal opportunity to utilize the legal system. (D) Signup and view all the answers

Which of the following is an example of delegated legislation?

Regulations created by a government agency under powers granted by parliament. (C) Signup and view all the answers

What is the main role of parliament in the context of statute law?

To create and amend laws. (A) Signup and view all the answers

Concerning sources of contemporary Australian law, which is an example of common law?

A decision made by a judge that sets a precedent. (C) Signup and view all the answers

What is the significance of the 'adversarial system of trial'?

It presents opposing sides to a neutral party for decision. (D) Signup and view all the answers

What is the primary function of a court hierarchy?

To allow for appeals and reviews of decisions. (C) Signup and view all the answers

Which concept is most closely associated with the historical development of common law?

Precedent (D) Signup and view all the answers

What is the key difference between 'customs' and 'laws'?

Laws are enforced by the state, while customs are enforced by social pressure. (C) Signup and view all the answers

How does 'tyranny' contrast with the 'rule of law'?

Tyranny is characterized by arbitrary power, while the rule of law emphasizes consistency and fairness. (D) Signup and view all the answers

Which statement best reflects the relationship between statutory law and common law in Australia?

Statutory law can override common law when there is a conflict. (D) Signup and view all the answers

What is the underlying principle of 'natural justice' in legal systems?

The assurance of impartiality and fairness in decision-making processes. (C) Signup and view all the answers

In the context of the Australian legal system, what does 'equity' refer to?

A system of law based on fairness and ethical considerations, supplementing common law. (C) Signup and view all the answers

Within a court hierarchy, which of the following scenarios is most likely?

A case is initially heard in a lower court, and then potentially appealed to a higher court. (B) Signup and view all the answers

Which fundamental element is present when distinguishing between a 'rule' and a 'law'?

The consequences for breaking a law are typically more severe and enforced by the State, unlike breaching a rule. (B) Signup and view all the answers

How does the concept of 'fairness' relate to the nature of justice?

Fairness requires taking into account individual circumstances to ensure equitable outcomes. (A) Signup and view all the answers

What is the BEST definition of 'values and ethics' within a legal context?

A set of moral principles that influence the creation and application of the law. (A) Signup and view all the answers

In common law systems, what is the function of a legal 'precedent'?

To ensure consistency in the application of law by following previous judicial decisions in similar cases. (D) Signup and view all the answers

Which of the following options describes the relationship between 'customs, rules and laws'?

Laws are official, codified versions of broader societal norms (customs) and regulations (rules), all contributing to social order. (D) Signup and view all the answers

How does delegated legislation impact the separation of powers doctrine?

It introduces an overlap in legislative and executive functions, while still maintaining overall accountability. (D) Signup and view all the answers

How does the concept of 'equality' within the nature of justice differ from 'fairness'?

Equality means treating everyone the same, while fairness considers individual circumstances to achieve a just outcome. (C) Signup and view all the answers

What is the impact of Australian values on the legal system?

The legal system reflects and reinforces societal values, although its interpretation is constantly evolving. (B) Signup and view all the answers

How does access to legal resources disproportionately affect different socioeconomic groups?

Wealthier groups have better access, creating disparities in legal outcomes. (C) Signup and view all the answers

What is the MOST significant challenge to maintaining 'procedural fairness' in contemporary legal systems?

Balancing efficiency with thoroughness to avoid compromising an individual's rights. (D) Signup and view all the answers

What is the paradox of the rule of law?

The more laws there are, the less freedom people have; yet, laws are meant to protect freedom. (D) Signup and view all the answers

Given that common law evolves through judicial precedent, what inherent tension exists within this system regarding societal change and legal adaptation?

The reliance on past decisions may hinder the legal system's ability to readily adapt to evolving societal norms and values. (D) Signup and view all the answers

What is the underlying justification for delegated legislation, considering principles of efficiency and expertise?

It enables specialized bodies to create detailed regulations that are more flexible and adaptable than primary legislation. (C) Signup and view all the answers

Which of the following scenarios best exemplifies a conflict between 'equality' and 'fairness' in the context of sentencing?

Applying a uniform sentence for a crime, but accounting for mitigating circumstances such as the offender's mental health or past trauma. (D) Signup and view all the answers

How might the application of 'values and ethics' in legal systems inadvertently create or perpetuate inequalities?

Dominant societal values, when codified into law, may disadvantage minority groups or reinforce existing power structures. (A) Signup and view all the answers

How might technology paradoxically both enhance and undermine 'access' to justice?

Online legal resources improve access/efficiency, but create unequal access for those lacking digital literacy or access to technology. (D) Signup and view all the answers

What critical challenge do changing social norms and moral values present to legal systems grounded in historical precedent or established statutory law?

Legal systems struggle to balance consistency and adaptability. (A) Signup and view all the answers

Flashcards

What is Law?

A set of rules recognized and enforced by a country.

What are customs?

Long-established norms of behavior within a society.