The meaning of law

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40 Terms

1
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What is the meaning of law

A set of rules officially recognised

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How are laws enforced

Court and police systems

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What is the legal system

System of courts prosecutors and police

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What is equality

Same rights or status for all

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Example of equality in law

Children under 10 cannot be held legally accountable

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What is doli incapax

Incapable of wrong

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What is procedural fairness

Fair processes to resolve disputes

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What is natural justice

Everyone treated fairly with right to be heard and unbiased decision maker

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What is the rule of law

No one is above the law

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Why do people obey laws

Sanctions deter crime

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What is tyranny

Oppressive rule without lawful limits

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What is the executive

Carries out laws via government agencies

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What is the legislature

Makes and changes the law

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What is the judiciary

Interprets the law and administers justice

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What is common law

Law developed by judges for consistency

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What is binding precedent

Lower courts must follow higher court decisions

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What is persuasive precedent

Not binding but influential

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What is the adversarial system

Opponents prove cases before impartial judge

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What is the inquisitorial system

Judge actively investigates and decides case

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What is original jurisdiction

Power to hear a case first time

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What is appellate jurisdiction

Power to hear a case on appeal

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What is civil jurisdiction

Power to hear civil disputes

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What is criminal jurisdiction

Power to hear criminal cases

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What is statute law

Law passed by parliament

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Which holds greater authority statute or common law

Statute law

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How many members in the House of Representatives

151

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How many members in the Senate

76

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What is delegated legislation

Laws made by non-parliamentary bodies

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What is an enabling act

Law giving authority to make delegated legislation

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One advantage of delegated legislation

Time saving for parliament

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What is separation of powers

Each branch checks the others to protect rights

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What is division of powers

Powers divided between federal and state governments

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What are residual powers

Powers belonging solely to the states

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Example of federal government power

Defence

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Example of state government power

Public transport

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What is state sovereignty

Supreme authority within a territory

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Why might a country want sovereignty

Full control of internal and external affairs

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What is private law

Law governing disputes between individuals

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What is public law

Law governing disputes between state and citizens

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Why is constitutional law public law

It concerns state powers and citizens rights