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66 Terms
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Tyranny
Arbitrary or despotic government; severe and autocratic exercise of sovereign power, either vested constitutionally in one ruler, or usurped by him breaking down division and distribution of government powers.
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Arbitration
Dispute resolution process in which parties can engage an arbitrator to make a determination to resolve their dispute.
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Prosecution
The government attorney charging and trying the case against a person accused of a crime.
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Mediation
A way of resolving disputes between an independent person, known as mediator to assist the parties to identify and assess options and negotiate an agreement to resolve a dispute.
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Plaintiff
The individual, organisation or corporation who /which applies to the court to start legal proceedings another person or person.
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Criminal
A person accused of a crime is generally charged in a formal accusation called an indictment (for felonies /serious crimes) or information (for misdemeanours)
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Charities from Cyberbullying issues
The Allanah and Madeline Foundation was founded in memory of 2 of the children victims of the massacre and this goes to protecting children from violence.
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Precedent
Judge made laws that creates a common set of legal principles.
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Responsibilities
The obligation to answer for an act done and to repair any injury it may cause.
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who is responsible for law enforcement?
The AFP responsibilities include to enforce the Commonwealth law, contribute to the combating complex, transnational, serious and organised crime impacting Australia nationals security and to protect commonwealth interests in criminal activity in Australia and overseas.
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Defendant
The party who is prosecuted.
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technological issues
Facial recognition and cyberbullying are two forms of technological issues.
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Anarchy
Absence of government.
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security council (UN)
The security council is composed of representatives from fifteen member countries.
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Terra Nullius
Terra Nullius is the law of recognising land that is legally deemed to be unoccupied or inhabited.
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Original jurisdiction
The right of a court to hear a case for the first time.
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Procedural fairness
The concept of fair and equal trial which promotes natural justice, transparency and equal allocation in resources when each side presents its case.
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Rights
A moral or legal entitlement to have or do something.
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Plenty of media attention
________- media impacts public opinion.
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Procedural fairness
The concept of fair and equal trial which promotes natural justice, transparency and equal allocation in resources when each side presents its case
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Prosecution
The government attorney charging and trying the case against a person accused of a crime
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Defendant
The party who is prosecuted
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Plaintiff
The individual, organisation or corporation who/ which applies to the court to start legal proceedings another person or person
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Judge
Public official vested with the authority to hear, determine and preside over legal matters brought in a court of law
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Precedent
Judge made laws that creates a common set of legal principles
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Anarchy
Absence of government
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Tyranny
Arbitrary or despotic government; severe and autocratic exercise of sovereign power, either vested constitutionally in one ruler, or usurped by him breaking down division and distribution of government powers
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Constitutional law
Basic or fundamental law, whether statutory or common law, governing the legislative, executive and judicial functions of a state
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Tort law
The law concerned with private wrongs and breaches of rights
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Appellate jurisdiction
Appeals from the decisions of a single judge of the Federal court exercising the original jurisdiction of the court, either interlocutory/ final
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Original jurisdiction
The right of a court to hear a case for the first time
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Rights
A moral or legal entitlement to have or do something e.g
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Responsibilities
The obligation to answer for an act done and to repair any injury it may cause
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Civil
In the local court, civil cases are disputes about money or property e.g unpaid bills, damages to motor vehicles or when a citizen/ corporation sued another citizen for not living up to contract in state court, however civil cases can also occur in federal court with the plaintiff and judge
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For example, the federal government can sue hospitals for overbilling medicare and medicaid
violating federal statute
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Criminal
A person accused of a crime is generally charged in a formal accusation called an indictment (for felonies/ serious crimes) or information (for misdemeanours)
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Civil
Claim > 28 days to respond > court prep/ process before hearing > hearing > hearing > judge decides
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The main 5 permanent members include
US, UK, China, Russia and France
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Mediation
A way of resolving disputes between an independent person, known as mediator to assist the parties to identify and assess options and negotiate an agreement to resolve a dispute
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Arbitration
Dispute resolution process in which parties can engage an arbitrator to make a determination to resolve their dispute
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"Dollys Law" is about a social media campaign that passed through parliament due to the huge impact of the media and public attention towards the case
where a young 14 year old schoolgirl Amy " Dolly" Everett took her own life in January 2018 due to cyberbullying
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gun ownership became a privilege
not a right
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semi
auto weapons must be controlled
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Plenty of media attention
media impacts public opinion
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tort law
common law actions for civil wrongs
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constitutional law
the basic or fundamental law governing the functions of a state
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civil cases
civil cases are between individual parties. civil law is about solving disputes.
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referendum
a general vote by the electorate on a single political question which has been referred to them for a direct decision.
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common law
Common law is law that is derived from judicial decisions instead of from statutes.
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adversarial system
relies on a two-sided structure of opponent sides ('adversaries') each presenting their own position, with an impartial judge or jury hearing each side and determining the truth in the case.
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sovereignty
the authority of a state to govern itself or another state.
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delegated legislation
legislation made by authority of an Act of Parliament.
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who deals with murder charges and proves the guy guilty?
supreme court
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merit test
the process to assess whether it is reasonable in all the circumstances to grant legal aid.
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What is meant by judicial inquiry?
a formal legal investigation conducted into a matter of public concern by a judge, appointed by the government.
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the division of powers derives from?
the constitution
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what is a summary offence?
matters that are usually heard by a Magistrate in the Local Court. e.g. common assault.
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example of private and tort law
car being left in neutral and hitting ice cream van.
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non legal case of resolving disputes
protests, petitions or seeing local MP. case: lange vs abc
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legal way of resolving disputes
tribunals, courts and advantage of enforceability and binding.
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cases/ evidence of technology issues
cyberbullying: dolly's law- dolling kmsing due to online bullying blah blah facial recognition: Identity-matching services bill 2019 and Australians Passports Amendment (identity-matching services) bill 2019. source: guardian article
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act?
a written law passed by Parliament, Congress, etc.
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what is the high court?
highest judical body of Australia and deals with the constitution and validity of laws
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commonwealth/ federal courts egs
high court, federal court.
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state court egs
supreme courts, district court, local courts.
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appellate jurisdiction
the right of a court to review a case that has already been heard and decided upon by a lower court.