The Legal System Syllabus: Key Concepts and Australian Law

A vocabulary-oriented set of flashcards covering basic legal concepts, Australian law institutions, legal systems, and key reforms.

Law

A set of rules officially recognised, binding and enforceable in a community, governing behaviour and protected by institutions like police and courts.

Sovereign power

A person or body with legal authority to make and enforce laws; in many countries this is parliament; courts also create law through precedents.

State

The system of institutions (courts, police, prisons) that enforces laws and delivers punishment.

Customs

Collective habits or traditions developed over time; not all customs become law and they are not enforceable by the state.

Customary Law

Principles and procedures that arise from general use and are considered obligatory within a society or between nations; some may evolve into legal requirements.

Aboriginal and Torres Strait Islander customary law

Indigenous Australian customary laws; influenced by culture, Dreaming, land and kinship practices.

English customary law

British customary law that influenced Australia’s legal principles, especially in historical development of common law.

International customary law

Principles developed through general and consistent practice of states, believed to be legally required (opinio juris).

Rules

Guidelines for behaviour created by groups that apply to members within a specific context; not enforced by the government.

By-laws

Local laws made by councils or similar authorities that apply within a specific area or organisation.

Customary law becoming law

Some customs, when followed by most of a population over time, may become formal law.

Punishment by the State

The state enforces laws and imposes penalties through courts, police and prisons.

Laws

Formal, binding rules of society that are recognised, enforceable, accessible and aimed at the public good.

Equality

The principle that all people have the same rights and protections under the law, with special care for the vulnerable.

Fairness

Lack of bias, honesty and justice in the application of the law.

Access

The right or opportunity to use the legal system and understand the laws applying to you.

Procedural Fairness

Fairness in legal processes, including rules like the hearing rule and absence of bias.

Hearing Rule

Right to know what you’re accused of, to defend yourself, and to appeal if unfair.

No Bias Rule

Decision-makers must be impartial; trials should be open and free from personal influence.

No Evidence Rule

Decisions must be based on relevant, admissible evidence.

Rule of Law

No one is above the law; equality before the law; laws publicly available; no retrospective laws; separation of powers.

Separation of Powers

Division of government into legislative, executive and judicial branches to provide checks and balances.

Legislative Power

Power to make, amend and repeal laws, held by Parliament.

Executive Power

Power to implement laws, exercised by the Governor-General, Prime Minister and Ministers.

Judicial Power

Power to interpret and apply laws, exercised by the courts.

Anarchy

A situation with no government or laws, leading to disorder and instability.

Tyranny

A form of government where absolute power is held by one person or a small group.

Common Law

Law developed from judicial decisions and precedents, rather than written codes; originated in England and used in Australia.

Equity

A system of fairness developed to remedy unfair outcomes in common law; later merged with common law in many jurisdictions.

Precedent

A previous court decision used to guide future rulings in similar cases.

Stare Decisis

“The decision stands.” Courts usually follow previous decisions when deciding similar cases.

Adversarial System

A trial system where two opposing sides present evidence and argue their case before an impartial judge.

Inquisitorial System

A trial system where the judge actively investigates the facts and gathers evidence.

Binding Precedent

A decision from a higher court that lower courts must follow.

Persuasive Precedent

Judicial decisions from other courts that may influence but do not bind a court.

Court Hierarchy

The structure of courts from lowest to highest (e.g., Magistrates, District, Supreme, High Court).

High Court of Australia

The highest court in Australia; interprets the Constitution and resolves constitutional issues.

Supreme Court

The highest court in each state/territory; handles serious criminal and civil matters and appeals.

District/County Court

Intermediate courts handling less serious criminal matters and civil claims of moderate value.

Magistrates’ Court

Lowest level court handling minor criminal matters and small civil claims.

Family Court

Court dealing with family law issues such as divorce and child custody.

Children’s Court

Court handling matters involving minors; focus on rehabilitation and protection.

Coroner’s Court

Court that investigates deaths, especially unknown or suspicious deaths.

Statute Law

Law made by Parliament; written and codified as acts and statutes.

Parliament

The main law-making body, typically comprising two houses and government ministers.

House of Representatives

Lower house; represents the people; debates and passes proposed laws.

Senate

Upper house; represents the states/territories; reviews and amends legislation.

Governor-General

Representative of the Crown; gives royal assent to laws becoming binding.

Attorney-General

Government’s chief legal officer; provides legal advice and shapes policy.

Private Members’ Bill

Bill introduced by a member of Parliament who is not a minister.

Government-Sponsored Bill

Bill introduced by a government minister and aligned with government policy.

Royal Assent

Formal approval by the Governor-General (or Governor) for a bill to become law.

Delegated Legislation

Laws made by bodies other than Parliament under authority in an Act (regulations, by-laws, etc.).

Regulation

Detailed rules made under an Act by executive authorities to implement the law.

Ordinance

Territory-specific laws made by the territorial government.

Division of Powers

Distribution of legislative powers between the Commonwealth and states.

Exclusive Powers

Powers that only the Commonwealth can legislate on.

Concurrent Powers

Powers shared by the Commonwealth and states; conflicts resolved by the Constitution.

Residual Powers

Powers not listed in the Constitution; retained by the states.

Section 109

Constitutional rule that Commonwealth law prevails over inconsistent state law.

The Dreaming

Indigenous spiritual beliefs linking land, water and life; foundational to some customary laws.

Terra Nullius

Doctrine that Australia was land belonging to no one, overturned by native title rulings.

Mabo Case

Landmark case (1992) recognizing native title and overturning terra nullius.

Native Title Act 1993

Australian law providing a framework to claim native title where continuous connection can be shown.

NNTT (National Native Title Tribunal)

Body that mediates and researches native title claims (does not decide native title cases).

Federal Court

Australian court that deals with federal matters, including native title claims and appeals.

Native Title rights

Collective rights of Indigenous groups to traditional lands and waters; can be asserted by individuals on behalf of the group.

One-Punch Laws

Mandatory minimum sentencing policies for serious alcohol-related assaults resulting in death.

Crimes Act 1900 (NSW) s25A

Section creating a minimum 8-year sentence for intoxicated one-punch deaths (in NSW).

Thomas Kelly

Australian youth who died after an alcohol-fuelled assault; spurred the one-punch reform movement.

Thomas Kelly Youth Foundation (TKF)

NGO that lobbied for tougher mandatory sentencing in response to Thomas Kelly’s death.

UDHR Articles 3 and 5

Human Rights framework cited in debates about the fairness and proportionality of mandatory sentencing.

Balance of probabilities

Standard of proof in civil cases; greater than 50% likelihood that the claim is true.

Beyond a reasonable doubt

Standard of proof in criminal cases; the prosecution must prove guilt to a high degree of certainty.

Civil Procedure

Process and rules for civil (private) disputes, including negotiation, pleadings and trials.

Criminal Procedure

Process and rules for criminal matters, including prosecution, trials, juries and sentencing.

Damages

Monetary compensation awarded to a plaintiff in civil cases.

Injunction

Court order requiring a party to do or refrain from a particular act.

Specific performance

Court-ordered fulfilment of contractual obligations when damages are inadequate.

Negligence

Failure to exercise reasonable care, causing harm to another person.

Defamation

Wrongful publication of statements damaging another’s reputation.

Trespass

Unauthorized entry onto another’s land or interference with property.

Nuisance

Interference with others’ use or enjoyment of their property or life.

Contract Law

Area of private law governing legally binding agreements and remedies for breach.

Elements of a contract

Key requirements: Agreement, Consideration, Intention to create legal relations, Compliance, Capacity.

ACCC

Australian Competition and Consumer Act 2010; governs contracts and consumer protection in Australia.

Remedies in contract

Damages, Injunction, Specific performance used to address breach of contract.

Private Law

Civil law governing relationships between private individuals or entities.

Civil Law (in general)

Code-based legal system; contrasts with common law; not the same as private law in all countries.

Civil vs Criminal procedures

Civil: balance of probabilities and private disputes; Criminal: beyond reasonable doubt and state prosecution.