Basic Legal Concept
Equality is treating everyone the same; fairness ensures outcomes are just and appropriate to circumstances.
What is the difference between equality and fairness in the law?
Oral traditions, kinship ties, community-based punishments, spiritual connection to land.
What is one feature of Aboriginal and Torres Strait Islander customary law?
The process of changing laws to reflect society’s needs and values.
What is law reform?
Right to silence, right to know the reason for arrest, right to legal advice.
What is one legal right you have when arrested by police?
School rules, sporting rules, family rules
What is one example of non-legal rules in everyday life?
The absence of laws or government, leading to disorder.
What is anarchy?
Decisions and punishments are made by the group, not an individual authority.
Why is customary law considered “communal”?
To keep up with changing values, technology, or new issues.
Why is law reform necessary?
Ensures community participation and fair trial by peers.
What is the role of jury service in protecting rights?
UN treaties (e.g., CEDAW) implemented in Australian legislation.
What is one way international law influences domestic law?
Civil law deals with disputes between individuals; criminal law deals with offences against the state.
What is the difference between civil and criminal law?
It was ignored under terra nullius, leading to suppression and lack of recognition until Mabo (1992).
What was the impact of colonisation on Indigenous customary law in Australia?
Australian Law Reform Commission, NSW Law Reform Commission.
What is an agency of law reform in Australia?
Summary offences are minor and heard in Local Court; indictable offences are serious and tried in higher courts.
What is the difference between summary and indictable offences?
Impartial judge/jury, fair hearing, equal opportunity for both sides.
What is one strength of the adversarial system?
Procedural fairness is the right to a fair process; natural justice includes the right to be heard and decision-making without bias.
What is the difference between procedural fairness and natural justice.
Circle sentencing, consideration of cultural background in sentencing.
What is one way Indigenous customary law has been integrated into the modern legal system?
Cybercrime legislation, My Health Records privacy reforms.
What is an example of law reform in response to a technology issue?
Provides affordable legal representation to ensure access to justice.
What is legal aid?
Expensive, can disadvantage unrepresented or weaker parties.
What is one weakness of the adversarial system?
Fair and equitable, accessible, enforceable, reflects values of society, applies to all.
What are three characteristics of a just law?
Recognised native title and overturned terra nullius in Australian law.
What was the significance of the Mabo v Queensland (No 2) case (1992)?
Raises awareness, influences public opinion, pressures government to act.
What role does the media play in law reform?
Freedom of speech vs responsibility not to defame or incite violence.
What is an example of how an individual’s rights may conflict with their responsibilities?
For example, extensive media coverage of domestic violence cases (e.g., Rosie Batty’s advocacy) pressured government to reform family violence laws and improve victim support services.
What is one example of how the media has influenced a legal issue in Australia?