Legal Studies Year 11: Your Rights and Responsibilities

Vocabulary based flashcards covering key terms, types of rights, and legal responsibilities from the Preliminary Legal Studies course.

Common law

Law made by judges according to the doctrine of precedent.

Claim

An assertion that is made to establish a right, which may be disputed.

Damages

Money paid by one party to another party to compensate for loss suffered by the second party due to actions of the first party.

Defamation

The act of making statements or suggestions that harm someone’s reputation in the community.

Equality

Where persons are treated as though they are the same.

Explicit rights

Rights which are clearly expressed or stated.

Implied rights

Rights that can be inferred from or read into the Constitution, rather than being expressly/clearly stated.

Responsibility

Something a person is required to do, also called a duty.

Right

Something to which a person is entitled, also called a privilege.

Statute law

Law made by parliament.

Legal rights

Rights that are recognised by the courts and can be enforced.

Statutory Rights

Rights protected by a statute, which is a law passed by parliament (also called legislation or an act).

Anti-Discrimination Act $1977$ (NSW)

Legislation asserting that people must not be discriminated against on the basis of race in accommodation, supply or services or employment.

Racial Discrimination Act $1975$ (Cth)

A statute containing the right not to be excluded or restricted on the basis of race, colour or ethnic origin.

Education Act $1990$ (NSW)

The legislation where children's right to receive an education is found.

Common law Rights

Rights protected by common law, such as the right to end a contract if the other party breaches a term.

Customary rights

Rights that come from the habits within a society and have as their basis the accepted way of doing things within a community over time.

Moral rights

Principles of how a person is to behave as set out in religious beliefs or guided by conscience, including issues of equality and human dignity.

International rights

Claims an individual has because of the international protection of human rights evolving from activities such as UN human rights treaties.

United Nations Declaration of Human Rights $1948$

The first international expression of rights to which all human beings are entitled.

Section $116$ of the Constitution

The part of the Australian Constitution that contains the right to religious freedom.

Section $80$ of the Constitution

The part of the Australian Constitution that contains the right to trial by jury.

Defamation Act $2005$ (NSW)

The specific law relating to defamation in New South Wales.

Social responsibilities

Duties that we owe the society we belong to which help ensure the smooth running of society.

Cultural responsibilities

Duties which are related to the cultural group to which people belong.

Moral responsibilities

Obligations that people feel they have because of beliefs that they hold.

Legal responsibilities

Duties which people owe because the law imposes them, such as obeying the law, defending Australia, or serving on a jury.

Dietrich v The Queen ($1992$)

A High Court case ruling that the trial of a person who did not have the means to obtain representation would be an unfair trial.