Legal Systems and Concepts Overview

A series of vocabulary flashcards covering key legal concepts, rights, responsibilities, and the legal framework in Australia.

Rights and Responsibilities

Concepts that dictate what individuals are entitled to and what they owe to society.

Legal Rights

Rights entitled to individuals once accused, including the presumption of innocence, the right to silence, and the right to legal counsel.

Environmental Rights

Rights concerning the preservation and access to environmental resources for current and future generations.

Natural Law

A legal theory that connects law with moral principles, suggesting they are one and the same.

Civil Rights

Rights that protect individuals' freedom and ensure equal treatment under the law, including the right to life and freedom of expression.

ADR (Alternative Dispute Resolution)

Methods of resolving disputes outside of traditional court proceedings, including negotiation, mediation, and arbitration.

Binding Precedent

A precedent that must be followed by lower courts, set by higher courts.

Statute Law

Laws enacted by a legislative body, considered superior to common law.

Common Law

Law developed by judges through court decisions, relying on precedent to resolve cases.

Hierarchy of Courts

The organization of courts whereby higher courts have authority over lower courts in legal matters.

Tort Law

Law that addresses civil wrongs not arising from contracts, involving breaches that result in harm to another.

Terra Nullius

A legal doctrine used to justify claims over land that was considered 'empty' due to the absence of organized Indigenous governance.

Native Title

The recognition of Indigenous people's rights to land and waters based on traditional laws and customs.

Mediation

A voluntary process where a neutral third party assists disputing parties to reach a mutually satisfactory agreement.

Judicial Review

The process by which courts examine the actions of the executive and legislative branches to ensure they comply with the constitution.

International Law

A set of rules that govern relations between nations and sometimes individuals on a global scale.