Legal term 1 test

What is the expectation of the law around fairness?

The law expects rules to be fair and applied equally to everyone in society.

What does “access” to the law mean, and why is it important?

Access means the ability to understand and use the legal system. It’s crucial to ensure fairness and justice for all individuals.

Q3: Which groups face difficulties accessing the law?

A3: Women, financially disadvantaged people, non-English speakers, people with disabilities, Aboriginal and Torres Strait Islander peoples, and institutionalised individuals.

Q4: What is procedural fairness?

A4: The principle that legal processes must be fair for all parties, linked to natural justice.

Q5: What are the main principles of natural justice?

A5: Rights in the legal system ensuring fairness in court proceedings.

Q6: What is the rule of law?

A6: The idea that no one is above the law, and laws evolve through due process.

Q7: Why do people obey the law?

A7: It creates order, reinforces societal values, and maintains a stable economy.

Q8: Why might councils not prosecute for breaching anti-smoking laws?

A8: The priority has been educating the community rather than strict enforcement.

Q9: Why do some people disobey smoking laws?

A9: Personal choice, addiction, or lack of awareness about health risks.

Q10: Should there be stronger anti-smoking laws?

A10: For: Protects public health and reduces smoking rates.
Against: Limits personal freedom; people should make their own choices.

Q11: Who provides the Law Council of Australia website, and is it trustworthy?

A11: The Law Council of Australia, a credible legal authority with fact-checked information.

Q12: What does “access to justice” mean?

A12: Understanding legal rights, getting legal help, and having a fair legal process.

Q13: How do people access justice?

A13: Through courts, police, and lawyers.

Q14: Why is access to justice important?

A14: Ensures fairness and proper legal processes for all.

Q15: What are barriers to accessing justice?

A15: Language barriers, financial constraints, lack of legal knowledge, digital access issues, and past trauma.

Define law

Enforceable rules in a society.

Define values

Principles considered important.

Define

Guidelines for behavior, not legally binding.

Q17: Why do we have laws?

A17: To maintain peace, balance, and safety in society.

Q18: What is customary law?

A18: Traditional laws passed through generations within a cultural group.

Q19: What are the three types of customary law in Australia?

A19: Aboriginal and Torres Strait Islander customary law, English customary law, and international customary law.

Q20: How are rules different from laws?

A20: Rules apply to specific groups, while laws are enforceable by the state.

Q21: What is justice?

A21: Fair and impartial treatment of all people under the law.

Q22: How is justice achieved in a democratic society?

A22: By consulting the people, following majority decisions, and allowing minority voices to be heard.

Q23: What is meant by “doli incapax”?

A23: A child under 10 is presumed incapable of committing a criminal offense.

Q24: What is anarchy?

A24: A state of lawlessness due to the absence of government.

Q25: What is tyranny?

A25: Absolute rule by an individual without legal restraints.

Q26: What does Lady Justice symbolize?

A26: Fairness, impartiality, and the enforcement of justice.

Q27: What do her symbols represent?

Blindfold: Impartiality

Scales: Fair judgment

Sword: Power to enforce justice

Q28: How did common law originate?

A28: Developed in England through court decisions and precedents.

Q29: How were people tried before 1066?

A29: Trial by ordeal, relying on divine judgment instead of reason.

Q30: What is the principle of precedent?

A30: Past judicial decisions guide future cases.

Q31: Define binding and persuasive precedent.

• Binding precedent: Must be followed if set by a higher court.

• Persuasive precedent: Can influence a decision but isn’t mandatory.

Q32: What is statute law?

A32: Law made by Parliament.

Q33: What is a bicameral system?

A33: A two-house legislative system (Senate and House of Representatives).

Q34: What are the steps for passing a bill?

A34: Introduction → Debate → Amendments → Voting → Approval by both houses → Royal Assent.

Q35: What is the role of courts in society?

A35: To uphold the law and provide justice.

Q36: What is the highest court in Australia?

A36: The High Court of Australia.

Q37: Which court handles murder trials?

A37: The Supreme Court.

Q38: Which court investigates suspicious deaths?

A38: The Coroner’s Court.

Q39: Why are youth bail laws controversial?

A39: Stricter laws aim to reduce crime but are criticized as “draconian” and unfair.

Q40: What are the conflicting views on youth bail laws?

Judges: Say laws are too harsh and unfair.

Politicians: Defend them as necessary.

Police: Want even tougher laws.