Legal Studies Quiz: Foundations and Rights

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Questions and Answers

What major impact did the forced removal of First Nations children have on current generations?

It resulted in intergenerational trauma among First Nations communities.

What is the difference between international treaties and international declarations?

International treaties are legally binding agreements, while international declarations are non-binding agreements that outline aspirations.

How does the Australian Constitution protect human rights?

It protects a limited number of rights through express rights and implied rights interpreted by the High Court.

What role did the Australian courts play in the enforcement of human rights?

<p>Australian courts have enforced various human rights through their judgments and interpretations of the law.</p> Signup and view all the answers

What is required for Australia to ratify an international treaty?

<p>Australia must pass statute law to approve and adopt the rights outlined in the international treaty.</p> Signup and view all the answers

What role does a civil jury play in legal cases in Australia?

<p>A civil jury helps determine the facts of a case and decides on the liability of the parties involved.</p> Signup and view all the answers

Identify and explain two types of remedies available in civil law.

<p>Two types of remedies are compensatory damages that compensate for loss, and injunctions that prevent a party from acting in a certain way.</p> Signup and view all the answers

Discuss the effectiveness of monetary compensation as a remedy in civil disputes.

<p>Monetary compensation is often effective in addressing financial loss but may not fully restore a plaintiff's position or address emotional harm.</p> Signup and view all the answers

How do international human rights treaties influence domestic laws in Australia?

<p>International human rights treaties set standards that domestic laws are encouraged to align with, promoting the protection of individual rights.</p> Signup and view all the answers

What is the significance of Australia's commitment to the Universal Declaration of Human Rights?

<p>Australia's commitment signifies its dedication to promoting and protecting basic human rights and freedoms for all individuals.</p> Signup and view all the answers

Flashcards

Implied Right

A right not explicitly stated in a constitution, but recognized by a court when interpreting the constitution, often in disputes between individuals and the government.

Right to Vote

The authority of a government is based on the will and wishes of the people, who should be able to express these wishes by voting.

Constitutional Implied Rights

Rights not explicitly listed in a constitution, but understood to exist. Often determined by court interpretation of the constitution.

Universal Declaration Human Rights (1948)

A global document recognising fundamental rights and freedoms of all people, that many countries are obligated to uphold.

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Statute Law (e.g., Victorian Human Rights Charter)

Laws passed by a legislature, which may protect human rights, often distinct from a 'constitutional' bill of rights.

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Stolen Generation

The forced removal of Indigenous Australian children from their families.

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White Australian Policy

A policy aiming to limit non-British migration to Australia.

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LGBTQIA+ Rights in Australia

Progress in LGBTQIA+ rights in Australia, but marriage equality recognized in 2017.

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International Treaty

A legally binding agreement between countries and intergovernmental organizations.

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Ratification

The act of a country approving and adopting the rights outlined in an international treaty.

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International Declaration

A non-binding agreement stating aspirations or intentions of countries.

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Universal Declaration of Human Rights

A declaration outlining basic human rights for all people.

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Statute Law

Laws passed by the federal and state/territory governments to protect human rights.

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Common Law

Human rights enforced by Australian courts in rulings.

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Australian Constitution

Protects a limited number of human rights in Australia.

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Express Rights

Rights explicitly stated in the Australian Constitution.

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Implied Rights

Rights not explicitly written but recognised through court interpretations.

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Referendum

A national vote to change the wording of the Australian constitution.

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Study Notes

  • Principles of Justice: Access, Fairness, Equality
  • Courts: Statutory interpretation, Binding precedent, Persuasive precedent, Ways to avoid following a precedent

Unit 2: Presumption of Innocence

  • Key Concepts of Criminal Law: Burden of proof, Standard of proof, Distinction between summary & indictable offences, Summary offences, Indictable offences

Unit 4: Civil Liability

  • Possible Parties: Aggrieved party, Wrongdoer, Employer
  • Negligence: Elements of negligence

Unit 5: Remedies

  • Dispute Resolution Methods: Arbitration, Mediation, Conciliation, dispute resolution institutions, tribunals, ombudsman, complaints bodies, the jury, purpose of remedies

Unit 6: Human Rights

  • Meaning and Development: Meaning of human rights, protection of rights through the Australian constitution, the right to vote (Roach case)

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