Legal Studies- Preliminary Revision

What is law?

A set of rules imposed on all members of a community that are officially recognized, binding, and enforceable by agents like the police or courts.

What does "universal" mean in relation to law?

It means the law applies consistently, constantly, and to everyone regardless of their power or wealth.

: What is official recognition?

The source of a law's strength and authority.

What is continuous effect?

Laws are always in effect (e.g. a stop sign at 2 a.m. still requires compliance).

What is equality in relation to law?

Laws apply regardless of an individual's position, wealth, or power.

What is mandatory compliance?

Individuals do not have the authority to decide whether to comply or not; society expects full compliance.

What is the definition of laws?

A set of rules imposed on everyone that are binding and enforceable.

How are laws enforced?

They are officially recognised and enforced by police and courts.

What are rules?

Specific instructions made by an organisation for its members.

How are rules created?

By organisations or groups based on their specific beliefs.

What are customs?

Established patterns of behaviour among people in a society.

What are values?

A reflection of the things that are considered important to society.

What are ethics?

Moral principles that govern a person's behaviour or the conduct of an activity.

What does equality mean in relation to justice?

All people are treated the same before the law.

What does fairness mean in relation to justice?

Legal processes and outcomes are honest and unbiased.

What does access mean in relation to justice?

Everyone has the ability to use legal resources, such as courts, lawyers and information

What is impartiality?

The law is applied without bias or favouritism.

What does human rights mean in relation to justice?

The law recognises and protects fundamental individual rights

What criteria must a law meet to be considered just?

Impartiality, human rights and being consultative.

What is impartiality?

The law is applied without bias or favouritism.

What does human rights mean in relation to justice?

The law recognises and protects fundamental individual rights.

What does consultative mean?

In a democracy, the law reflects the majority while protecting the minority’s right to be heard.

What are the key requirements of the rule of law?

Presumption of innocence, legality and accountability.

What is the presumption of innocence?

A person is considered innocent until proven guilty in a fair trial.

What does legality mean?

You can only be punished for breaking an existing law; laws cannot be retrospective.

What does accountability mean?

The government must follow the law and be responsible for its actions.

What does the acronym LCDMI stand for?

Legislation, Cases, Documents, Media and International Instruments.

What is procedural fairness?

The principles that make sure legal decisions are fair, unbiased, and based on relevant evidence.

What is the main idea behind procedural fairness?

Transparency in the legal decision-making process.

What is separation of powers?

Power is divided between the Legislature, Executive and Judiciary to prevent one group from abusing authority.

What does the Legislature do?

Makes laws.

What does the Executive do?

Carries out laws.

What does the Judiciary do?

Interprets laws.

What is procedural fairness (natural justice)?

It ensures decisions are unbiased and transparent.

What is the Hearing Rule?

The right to respond to allegations.

What is the Bias Rule?

Decision-makers must remain impartial.

What is the Evidence Rule?

Decisions must be based on logical and relevant evidence.

What happened in Kioa v West (1985)?

Kioa faced deportation based on undisclosed allegations and was not given a chance to respond.

What was the main issue?

Whether procedural fairness applies to deportation decisions.

What did the High Court decide?

People affected by a decision must be told adverse information and given a chance to respond.

What is anarchy and an example?

A state of lawlessness where there is no government authority and the Janurary 6th Riots

What is tyranny and an example?

A government where all power is held by one ruler an example would be the North Korea

What happened to Kathleen Folbigg?

She was convicted in 2003 of killing her four children, but was pardoned and her convictions quashed in 2023.

How did the case demonstrate problems with justice?

Her right to a fair trial and presumption of innocence were undermined by media prejudice, flawed evidence and limited scientific knowledge.

What led to Folbigg’s pardon?

New scientific evidence identified a rare genetic condition that provided an alternative explanation for the children’s deaths.

Where did Australia's legal system originate from?

It was largely inherited from the British/English legal system.

How did common law develop?

Judges made decisions in similar cases, creating consistent legal principles.

What is common law?

Law developed by judges through court decisions.

What is equity?

A system that fills gaps in common law to ensure fair outcomes.

What is the Doctrine of Precedent?

Judges use decisions from previous similar cases to decide current cases.

What is the difference between binding and persuasive precedent?

A: Binding: must be followed.
Persuasive: can be considered but doesn't have to be followed.

What is the adversarial system?

Two opposing sides present their cases before an impartial judge.

What is the inquisitorial system?

A system where the judge actively investigates and examines the case.

How does the adversarial system differ from the inquisitorial system?

A: Adversarial: lawyers present the cases.
Inquisitorial: the judge actively investigates the case.

What is jurisdiction?

A court's power to hear and decide cases.

State vs Federal courts?

A: State: State laws and most criminal/civil cases.
Federal: Federal laws and Commonwealth matters.

State court hierarchy?

A: Magistrates → District → Supreme → High Court.

: Federal court hierarchy?

A: Federal Circuit & Family → Federal → High Court.

Q: What is Australia's highest court?

A: High Court of Australia.

What is statute law?

Law made by Parliament through legislation (Acts of Parliament).

What are the four main roles of Parliament?

Making/changing laws, representing the people, forming government, and checking the government

What are the two sections of the Australian Parliament?

The House of Representatives and the Senate.

What is the House of Representatives?

One of the two houses of Parliament where elected members represent the people and make laws.

What is the main role of the House of Representatives?

To make and change laws and hold the government accountable.

What is the Senate?

One of the two houses of Parliament that represents the states and territories and makes/reviews laws.

What are the main steps in the legislative process?

A bill is introduced, debated, amended and voted on by Parliament.

How does a bill become law?

It must pass both Houses, receive Royal Assent, and then becomes an Act of Parliament.

What is the difference between division and separation of powers?

Division = power shared between federal, state and local governments.
Separation = power divided between legislature, executive and judiciary.

What are the three branches of the separation of powers?

Legislature → makes laws
Executive → carries out laws
Judiciary → interprets laws

What is the role of the High Court in interpreting the Constitution?

It decides whether laws are constitutional or unconstitutional and interprets the Constitution.

What is domestic law?

Law that operates within a country and is made and enforced by its government.

What is international law?

Laws that govern relationships between countries, usually through treaties and agreements.

What is state sovereignty?

A state's right to govern itself without outside interference.

Why is separation of powers important?

It prevents one group from having too much power and promotes accountability and fairness.

What is domestic law?

: Law made and enforced by a country’s government that operates within that country.

What is international law?

Laws that govern relationships between countries.

What is state sovereignty?

A state’s right to govern itself without outside interference

What is international customary law?

Rules countries follow over time.

What are international instruments?

: Treaties are binding agreements, while declarations are statements of principles.

What does the United Nations (UN) do?

Promotes peace, security and human rights.

What do Courts and Tribunals do?

Interpret and apply international law.

What are Intergovernmental Organisations (IGOs)?

Groups of countries working together.

What are Non-Government Organisations (NGOs)?

Independent organisations that influence international law.