Master Legal Studies Flashcards

A set of practice flashcards covering core legal concepts including civil law, contract law, dispute resolution, and consumer protections as discussed in the lecture notes.

Describe the purpose of civil law.

Civil law resolves disputes between individuals, businesses and organisations. Its aim is to protect legal rights and transfer the loss from the injured party to the person responsible by providing remedies such as damages, injunctions or specific performance rather than punishment.

Explain common law and statute law.

Common law is judge-made law developed through court decisions and precedent. Statute law is made by Parliament through Acts. If the two conflict, statute law takes precedence because Parliament is the supreme law-making body.

Define the doctrine of precedent.

The doctrine of precedent requires judges to follow legal principles established in earlier decisions of higher courts in similar cases. This promotes consistency, fairness, predictability and efficiency.

Describe the burden and standard of proof in civil law.

The plaintiff bears the burden of proof. They must prove their case on the balance of probabilities, meaning it is more likely than not that their claim is true.

Explain ADR (Alternative Dispute Resolution).

Alternative Dispute Resolution resolves disputes without a court hearing. Common forms are mediation, conciliation and arbitration. ADR is generally quicker, cheaper and less formal than litigation.

Compare mediation, conciliation and arbitration.

Mediation involves a neutral mediator helping parties negotiate. Conciliation is similar but the conciliator may suggest solutions. Arbitration is more formal, with an arbitrator making a decision that is usually binding.

Identify the elements of a valid contract.

A valid contract requires an offer, acceptance, consideration and an intention to create legal relations. Capacity and any required formalities must also be satisfied.

Explain offer and invitation to treat.

An offer is a definite proposal capable of acceptance. An invitation to treat invites another person to make an offer, such as goods displayed on shop shelves.

Explain consideration in contract law.

Consideration is something of value exchanged by each party, such as money, goods, services or a promise. It is necessary for most simple contracts.

Compare conditions and warranties in a contract.

A condition is an essential term of the contract. If breached, the innocent party may terminate the contract and claim damages. A warranty is a minor term, so the contract continues but damages may still be claimed.

Explain breach and repudiation in contract law.

A breach occurs when a party fails to perform their obligations. Repudiation occurs when a party shows they no longer intend to be bound by the contract, allowing the innocent party to terminate or continue the contract.

Explain remedies for breach of contract.

Remedies include damages (financial compensation), injunctions (court orders to do or stop an act) and specific performance (requiring a party to fulfil the contract where damages are inadequate).

Explain why the ACL (Australian Consumer Law) exists.

The Australian Consumer Law protects consumers because businesses usually have greater bargaining power and information. It creates consumer guarantees and prohibits unfair or misleading conduct.

Identify the consumer guarantees related to goods.

Goods must be of acceptable quality, fit for purpose, match their description or sample, have clear title and have repairs or spare parts available for a reasonable time.

Explain equitable access to justice.

Equitable access to justice means everyone should have a fair opportunity to understand and use the legal system regardless of income, language, disability or location.

Describe common barriers to justice.

Common barriers include legal costs, complex procedures, language barriers, disability, lack of legal knowledge and living in rural or remote areas.