Key Terms in Law and Governance

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Questions and Answers

What is procedural fairness and its significance in dispute resolution?

Procedural fairness refers to processes that ensure disputes are resolved fairly, including rights such as being heard and having unbiased decision-makers.

Describe the principle of the rule of law and its implications for society.

The rule of law is the principle that nobody is above the law, ensuring that laws govern a society rather than arbitrary decisions by individual government officials.

Explain the concept of precedent in the context of common law.

Precedent is a legal principle established by a judgment that provides guidance for deciding future cases with similar facts in common law.

What distinguishes the roles of a plaintiff and a defendant in a legal case?

The plaintiff is the person who brings a case against another in court, while the defendant is the person accused of a crime or against whom the case is brought. Signup and view all the answers

Identify the primary function of the High Court in the judicial system.

The High Court serves as the final appellate jurisdiction, hearing appeals from lower courts and dealing with constitutional matters. Signup and view all the answers

What is the primary role of family courts in Australia?

Family courts deal with divorce, parenting orders, and division of property. Signup and view all the answers

How does the legislative process begin in the Australian Parliament?

The legislative process begins with a draft bill that is drafted by parliamentary clerks and timetabled for its first reading in the lower house. Signup and view all the answers

What are the three branches of government defined by the separation of powers?

The three branches are the Legislature, the Executive, and the Judiciary. Signup and view all the answers

What distinguishes exclusive powers from concurrent powers in Australia?

Exclusive powers belong solely to the federal government, while concurrent powers are shared by both state and federal governments. Signup and view all the answers

What role do treaties play in international law?

Treaties are international agreements between states that become binding once a state ratifies them. Signup and view all the answers

How are ATSI customary laws integrated into contemporary Australian law?

ATSI customary laws are integrated through practices like conciliation, mediation, and circle sentencing. Signup and view all the answers

What is the significance of the United Nations in international law?

The UN plays a key role in maintaining international peace and security and promotes global cooperation. Signup and view all the answers

What is a key difference between declarations and treaties in international law?

Declarations are formal statements that are not legally binding, while treaties are binding agreements once ratified. Signup and view all the answers

What is the significance of royal assent in the legislative process?

Royal assent is the final step that formally approves a bill, allowing it to become an Act of Parliament. Signup and view all the answers

What are two examples of residual powers in Australia?

Examples of residual powers include public transport and hospitals. Signup and view all the answers

Study Notes

Key Legal Concepts

Procedural Fairness: Ensures dispute resolution is fair, involving the right to be heard, a fair hearing, and unbiased decision-making.
Rule of Law: Establishes that no individual or authority is above the law, protecting against arbitrary governance.
Anarchy: Characterized by the absence of laws and governing bodies, leading to disorder.
Tyranny: A system of government where all power is concentrated in a single ruler, often resulting in oppression.

Legal Systems and Principles

Common Law: Law developed through judicial decisions rather than legislative statutes.
Precedent: Legal rulings that serve as guidelines for handling similar cases in the future.
Adversarial System of Trial: Each party presents their case, and the court remains neutral, solely adjudicating based on presented arguments and evidence.
Judge/Magistrate Role: Responsible for imposing sentences without conducting independent investigations.

Court Structures

Plaintiff: The individual initiating a lawsuit against another party.
Defendant: The individual accused of a crime in a court case.
Local Court: Handles minor civil (up to $100,000) and criminal disputes, presided over by a magistrate.
District Court: Deals with serious criminal matters (e.g., manslaughter) and civil cases valued between $100,000 and $750,000.
Supreme Court: Addresses the most serious criminal offenses (e.g., murder) and civil cases exceeding $750,000 with no upper limit.
High Court: The highest court, handling appeals and constitutional matters, as well as disputes between states and international representatives.
Coroners Court: Investigates unexplained or suspicious deaths, fires, or explosions.
Children's Court: Focuses on the welfare of minors, protecting their identities in legal proceedings.
Family Court: Resolves issues related to divorce, custody, and property division; hears appeals from lower family-related courts.
Federal Court: Addresses civil disputes governed by federal legislation, excluding family matters.

Legislative Process

Role of Parliament: Elected representatives debate, pass, and amend proposed legislation.
NSW Parliament Composition: Bicameral system comprising the Legislative Council (upper house) and Legislative Assembly (lower house).
Federal Parliament Structure: Comprises the Senate (upper house) and the House of Representatives (lower house).
Legislative Process Steps: Includes drafting, multiple readings, committee examination, voting, and royal assent to become law.
Delegated Legislation: Laws created by entities other than the parliament, allowing for regulations and guidelines.

Government Powers

Exclusive Powers: Held solely by the federal government (e.g., taxation, defense).
Residual Powers: Powers retained by states, such as public transport and health services.
Concurrent Powers: Shared by both state and federal governments.
Separation of Powers: Divides government functions into three branches: Legislature (lawmakers), Executive (administrators), Judiciary (law interpreters).

ATSI Customary Laws

Acknowledge the significance of the Dreaming in Aboriginal law, emphasizing land and spirituality.
Integrated into modern Australian law through approaches like conciliation, mediation, and circle sentencing.

State Sovereignty

Refers to the authority of a state to legislate and enforce laws for its citizens.

Sources of International Law

International Customary Law: Based on long-standing traditions, seen as fair by many nations, not codified in written form (e.g., laws against genocide).
Declarations: Non-binding formal statements regarding a country's stance on issues.
Treaties: Formal agreements that require ratification to become binding in domestic law; can be bilateral (between two states).

United Nations Role

Aims to maintain international peace and security, promote well-being globally, and foster international cooperation.
International Court of Justice: Handles disputes between nations and governs international law.

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Description

This quiz covers essential legal concepts such as procedural fairness, the rule of law, and the principles underlying common law. Test your understanding of terms like anarchy, tyranny, and precedent, which are crucial for grasping the foundations of legal systems. Prepare to dive into the intricate vocabulary that shapes our understanding of law and governance.