Legal Foundations Quiz 1 Flashcards

Flashcards for Legal Foundations quiz 1, including topics 1 and 2

Duty of candour

Duty owed to the court

Duty of competence

Duty owed to the client

Duty of honesty

Duty owned to fellow practitioners

What does the Use of AI breach

Confidentiality

Public law

Laws that govern the operation of the state and the relationship between the states and its citizens

Private law

Laws that govern relations between individuals, including organisations and the government

Constitutional law

Laws that regulate the establishment of the legal system and creates certain rights

Criminal Law

Laws that regulate the standard of which we live by

Taxation law

Laws that regulate the paying of tax

Procedural Law

The procedures and laws associated with bringing a matter to court.

Administrative law

Laws governing the executive arm of government.

What does administrative law ensure

Ensures authority is not exercised by the executive beyond their legal jurisdiction

Legal Profession Uniform Law

The legal framework that guides and regulates the conduct and admission of lawyers

Australian lawyer

A person admitted to the Australian legal profession

Australian legal practitioner

An Australian lawyer who holds a current Australian practicing certificate

Who grants admission (WA)

The Supreme court of Western Australia

Why do lawyers have to be admitted

To ensure legal work is carried out only by those who are properly qualified to do so

The legal Profession Uniform Admission Rules (2015_

Outlines what must be presented to the board for them determining a fit and proper person.

What are the duties of a legal practitioner

Duties of your client, duties to the court, duties to the profession, duties to third parties and duties to the broader community

Separation of Powers Doctrine

Outlines that the power to govern should be vested in 3 different institutions, those begin the judicairy, the legislature and the executive

Legislature

Makes the law

Executive

Administers and enforces the law

Judiciary

Interprets and applies the law

Customary law

Law enforced by local, manorial and baronial courts.

Impact of the Norman Conquest (1066)

No significant impact as civil law did not replacing the existing English legal system

What was the English Legal system based upon

Roman law

Curia Regis

The kings advisors who dispensed remedies to those who sought royal justice.

Who first established the royal courts in Westminster

King Henry II

Who are Justices in Eyre

Travelling justices who hear and resolve disputes in the kings name

Issues with writs

THey were narrow, technical and inflexible, resulting in the litigant having to fit their claim within an standard-form writ

Impact of writs on common law

Caused common law to be procedurally complex and slow

What court held jurisdiction on question of title to land

The court of Common pleas.

Equity

A discretionary form of justice administered by the Chancellor based upon Christian principles.

When was equity applicable

Cases of fraud, breaches of trust and unconscionable conduct

What occurs when common law and equity clash

Equity prevails

What fused the equity and common law courts

The Judicature Acts (1873)

Why couldn’t the king claim absolute power

He relied on the Barons to provide support in wars and to assist in collecting taxes.