Year 11 Legal Studies Exam Focus Revision

Vocabulary flashcards generated from Year 11 Legal Studies exam revision notes covering basic legal concepts, Australian legal sources, law classifications, law reform, native title, cyber law, and juvenile justice.

Law

Rules recognised, binding and enforceable by courts.

Custom

A tradition/habit that develops in a group over time.

Justice

Fair and impartial treatment under the law; equal to Equality + Fairness + Access.

Equality

Everyone is treated in the same way.

Fairness

The legal system is free from bias/unfairness.

Access

Having the opportunity to use the legal system.

Procedural fairness

A fair process when a decision is made.

Natural justice

The right to be heard + an unbiased decision-maker.

Rule of law

No one is above the law, including government.

Ethics

Ideas about what is morally right or wrong.

Anarchy

A situation with no laws or government.

Tyranny

One person has absolute power over citizens.

Common law

Law developed by judges through court decisions.

Precedent

An earlier court decision used to guide later cases.

Binding precedent

A decision that a lower court MUST follow from a higher court.

Persuasive precedent

A precedent a court may consider but does not have to follow.

Stare decisis

'Decision stands' — courts follow precedent.

Ratio decidendi

The legal reason for the decision.

Obiter dicta

Judge's comments that are not binding.

Statute law

Law made by Parliament.

Bill

A proposed law.

Act

A Bill that has passed Parliament and becomes law.

Delegated legislation

Laws made by bodies given power by Parliament.

s51

Section of the Australian Constitution setting out Commonwealth concurrent/shared powers.

s52

Section of the Australian Constitution setting out some exclusive Commonwealth powers.

s109

Section of the Australian Constitution providing that Commonwealth law overrides state law if inconsistent.

Residual powers

Matters not given to the Commonwealth that remain with the states.

Separation of powers

The division of governance into Legislature (makes laws), Executive (administers), and Judiciary (interprets/applies).

Commonwealth v Tasmania (Tasmanian Dam Case) 1983

Case where High Court upheld Commonwealth external affairs power to protect Franklin/Gordon area as World Heritage; s109 overrode Tasmanian law to stop the dam.

Treaty

Written international agreement that becomes binding on countries that sign/ratify it.

Declaration

Written statement about an issue; generally not binding.

State sovereignty

A country's authority to make and enforce its own laws.

ICJ

UN court that settles disputes between countries.

Public law

Law regulating relations between government and citizens; includes criminal, administrative, and constitutional law.

Private law

Law regulating relations between individuals, companies, or organisations; includes tort, contract, and property law.

Criminal law

Law that punishes acts/omissions that harm society.

Civil law

Law that resolves disputes and protects private rights.

Law reform

Changing the law to improve it.

Terra nullius

'Land belonging to no one'; used by Britain to claim Australia was unoccupied.

Native title

Legal recognition of Aboriginal and Torres Strait Islander peoples' traditional connection and rights to land.

Mabo (No. 2) 1992

High Court ruling that overturned terra nullius and recognised native title in Australian law.

Native Title Act 1993 (Cth)

Federal legislation that recognises/protects native title and provides a process for claims.

1967 Referendum

Constitutional vote where over 90% voted YES, giving Commonwealth responsibility for Indigenous affairs and including Indigenous Australians in the Census.

Hacking

Unauthorised access to or changing of computer data.

Internet fraud

Deception/misrepresentation carried out online.

Spam

Unsolicited commercial electronic communication.

Malware

Harmful software that can damage or interfere with devices.

Privacy

Protection of personal information and private life.

Disinhibition effect

Phenomenon where people may say or share online what they would not say face-to-face.

Digital tattoo

Online information/traces that can remain and affect a person later.

Privacy Act 1988 (Cth)

Legislation containing privacy principles for federal government agencies handling personal information.

Copyright

Legal protection for original creative works.

Patents

Legal protection for inventions.

Trademarks

Legal protection for signs/branding used to distinguish goods or services.

CRC 1989

International agreement setting minimum civil/political, economic/social and cultural rights for children.

Gillick case

Ruling stating a young person can consent to medical matters if sufficiently mature and understands what is proposed.

Young Offenders Act 1997 (NSW)

Legislation providing warnings, cautions and youth justice conferences as alternatives to court.

Youth Justice Conferencing

Restorative justice approach where an offender faces harm caused and takes responsibility.

Children (Criminal Proceedings) Act 1987 (NSW)

Legislation requiring age and circumstances to be considered during sentencing of young people.