Legal Studies SEM1 Exam Revision Flashcards

Flashcards for Legal Studies SEM1 Exam Revision focusing on key vocabulary terms and definitions.

Rule of Law

The principle that everyone in society is bound by law and must obey the law, and that laws should be fair and clear so people are willing and able to obey them.

Constitution

A document that outlines the rules and principles that guide the way an organisation, state or nation is governed.

Presumption of Innocence

All accused persons are considered innocent until proven guilty.

Torts

The area of law that sets out when individuals can be compensated for harm.

Negligence

Occurs when someone breaches their duty of care to another.

Defamation

Publishing material that could damage someone’s reputation.

Trespass

Interfering with someone’s person, land, or goods, causing damage.

High Court

The highest court in the Australian Judicial system.

Civil Remedy

An order from the court which supports the plaintiff's civil rights by providing relief for the loss/injury they have suffered.

Specific Damages

Damages that have a precise value and are easily quantifiable.

General Damages

Damages that do not have a precise value and are not easily quantifiable.

Aggravated Damages

Further compensation for humiliation and insult.

Nominal Damages

A small amount of money awarded to acknowledge that the defendant did breach the rights of the plaintiff, but there was no harm/loss involved.

Exemplary Damages

An additional sum of money that seeks to punish a defendant for an extreme infringement of rights and, to some extent, deter others from undertaking similar actions.

Warrant

A document that permits law enforcement to make an arrest, search premises, or perform an action that upholds justice.

Criminal Law

Laws that aim to protect society from harm, and to punish those who offend against our basic values.

Civil Law

Laws that aim to provide individuals and organisations the right to seek a remedy if another party infringes their rights, and this causes injury or loss.

Summary Offences

Less serious or 'minor' criminal offences where the impact on society is relatively small.

Indictable Offences

More serious criminal offences where the impact on society is significant.

Fairness (Principle of Justice)

Ensuring fair legal processes and fair hearings for all parties.

Equality (Principle of Justice)

All people are treated equally before the law and have equal opportunity to present their case.

Access to Justice

Individuals’ understanding of their legal rights and ability to pursue their case.

Jurisdiction

The boundaries of power a particular court has to hear and determine disputes.

Original Jurisdiction

The court's power to hear a case 'at first instance'.

Appellate Jurisdiction

A court's power to hear a case on appeal.

Criminal Jurisdiction

A court's power to hear criminal matters.

Civil Jurisdiction

A court's power to hear civil matters.

Terra Nullius Doctrine

The principle that the land was considered legally unoccupied when the British arrived in 1788, and thus automatically belonged to the Crown, ignoring Indigenous land rights.

Native Title

The right of Indigenous people to their traditional land.

Purpose of Separation of Powers

To prevent any single branch of government from becoming too powerful.

Legislative Power

The power to make laws.

Executive Power

The power to implement and administer the law.

Judicial Power

The power to interpret and enforce the law.

Parliament

The body that makes laws, comprised of the Queen, the Senate, and the House of Representatives.

Bill

A proposed law.

Act of Parliament

When both houses of parliament agree on the wording of a bill, and it receives royal assent, it becomes an Act of Parliament.

Delegated Legislation

Laws made by government departments and agencies. Can be checked by Parliament.

Executive

The body that enforces the law, comprised of the Prime Minister and the Cabinet.

Cabinet

The Cabinet is the group of senior ministers that meet regularly to direct government policy.

Prime Minister

The head of the executive branch of government.

Judiciary

The body that interprets and applies the law, comprised of the courts.

Court Hierarchy

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

Laws made

Financial Power

The power to raise and spend money to fund government activities.

Petition

A formal request to a government or official for a specific action or decision.

Common Law

The legal principles and rules that have been developed by the courts over time through their decisions in individual cases.

Statute Law

The laws made by Parliament, also known as statutes or legislation.

Doctrine of Precedent

A legal principle that requires judges to follow precedents set by higher courts when deciding similar cases.

Precedent

A court decision that serves as an authority for deciding similar cases in the future.

Binding Precedent

A precedent that a court must follow.

Persuasive Precedent

A precedent that a court may choose to follow but is not bound to.

Statutory Interpretation

The process by which courts interpret and apply legislation to specific cases.

Legality

The principle that government actions must comply with the law.