Introduction to Law and the Australian Legal System

These flashcards cover key concepts and terminology from the introductory module on law and the Australian legal system.

Common Law

A body of unwritten laws based on legal precedents established by the courts.

Legislation

Laws enacted by a legislative body such as Parliament.

Judicial System

The system of courts that interprets and applies the law in the name of the state.

Separation of Powers

A model of governance where power is divided among separate branches to prevent any one group from having too much power.

Precedent

A legal principle or rule established in a previous case that is binding or persuasive for a court when deciding subsequent cases.

Hierarchy of Courts

The organization of courts in a system, where higher courts can overrule or bind lower courts.

Civil Law

A body of law dealing with the rights and duties of individuals towards each other.

Criminal Law

A system of law concerned with the punishment of offenders against the state or public.

Consent

Permission for something to happen or agreement to do something, often required in healthcare.

Gillick Competence

A legal concept allowing a minor to consent to their own medical treatment, given they have sufficient understanding.

Coroners Court

A court that investigates deaths that are unnatural or unexplained.

Ethics

Moral principles that govern a person's behavior or the conducting of an activity.

Bioethics

Field of study concerned with the ethical implications of biological and medical procedures and technologies.

Advance Health Directive

A legal document that outlines a person's preferences for medical treatment in case they are unable to communicate their wishes.

Mental Health Review Tribunal

An independent body that reviews the involuntary treatment status of individuals with mental illness.

Autonomy

The right of individuals to make informed decisions about their own healthcare.