Intro Aus legal system/methods – Topic 1: What is Law?

22 question-and-answer flashcards covering definitions of law, the rule of law, classification systems, distinctions between legal categories, and illustrative examples from Topic 1 of LAW 1019.

According to James & Field, how is ‘law’ defined?

A system of rules made by the state and enforceable by prosecution or litigation.

What are the two main ways laws are enforced in Australia?

By the Crown or police in criminal prosecutions, and by individuals in civil litigation.

Name two key characteristics that distinguish legal rules from non-legal rules.

Legal rules are made by the state (legislature or judiciary) and are ultimately enforceable within the legal system.

List three purposes of law mentioned in the lecture.

Regulating behaviour, settling disputes, ensuring fairness in resource distribution (others include stabilising the economy, reflecting societal values, and preventing misuse of power).

What principle ensures that governments cannot act arbitrarily and must have legal authority?

The rule of law.

Give two core requirements of the rule of law regarding legislation.

Laws should be clear and unambiguous, and known to the public.

Why does the rule of law require courts to uphold citizens’ rights?

To prevent misuse of state power and guarantee that laws apply equally to all.

Which controversial Queensland statute was used in the lecture to illustrate rule-of-law concerns?

The Vicious Lawless Association Disestablishment Act 2013 (VLAD Act).

Why do lawyers classify areas of law? Give one reason.

To impose order on legal diversity, making comparison and study easier.

In a common law system, what is the primary source of law development?

Judicial decisions and the doctrine of precedent.

How does a civil law system differ from a common law system in terms of sources of law?

Civil law systems rely on comprehensive legal codes and view judges mainly as appliers, not creators, of law.

Distinguish between domestic law and public international law.

Domestic law regulates people and organisations within a country; public international law governs relations between states through treaties and conventions.

What is ‘private international law’ (conflict of laws)?

Rules that decide which country’s laws apply to cross-border disputes between private parties.

Provide one way international law can influence Australian domestic law.

Guiding common-law development (e.g., Mabo), informing administrative decisions, aiding statutory interpretation, or through legislation implementing treaties.

Define substantive law.

Legal rules that set out the rights and obligations of individuals and the state.

Define procedural law.

Legal rules that govern the processes for enforcing substantive rights and obligations.

Give two examples of public law branches.

Constitutional law and administrative law (others: criminal law, taxation law).

Give two examples of private law branches.

Contract law and tort law (others: property law, company law).

Which branch of law is invoked when the Queensland government challenges federal industrial-relations powers?

Constitutional law (a public law matter).

What type of law is involved when a journalist publishes defamatory statements about someone?

Tort law (defamation) – a branch of private law.

State two major procedural differences between criminal and civil cases.

Criminal cases are prosecuted by the state and require proof beyond reasonable doubt; civil cases are between private parties and require proof on the balance of probabilities.

What are typical outcomes (remedies) in civil law compared with criminal law?

Civil law: monetary compensation or injunctions; Criminal law: penalties such as fines or imprisonment.