The Legal System A
Define 'anarchy'
The absence of law enforcement or central government.
What is the rule of law?
No one is above the law, it applies equally to everyone
What does 'terra nullius' translate to?
Land belonging to no one.
Differentiate between the role of state and federal police
State look at enforcing the laws of the state, federal look at the national protection and dealing with transnational crime
What contemporary issues did we cover?
Discrimination against women
Drugs
Domestic Violence
Bail
Explain the difference between rules and laws
Laws are binding on the whole community, can be enforced, officially recognised, accessible, and relate to public interest
What is the standard of proof in a civil trial, and what is it in a criminal trial?
Balance of probabilities
Beyond reasonable doubt
Name 2 conditions that give rise to law reform
Changing Values
Technology
New forms of justice
Name 3 forms of alternative dispute resolution
Negotiation, Mediation, Arbitration, Conciliation
What was the stat (roughly) on how many Australians 14 and over had used an illicit drug in their life?
47%
Which landmark judicial case established the modern tort of negligence and Lord Atkin's 'neighbour principle'?
Donoghue v Stevenson (1932) - Snail in a ginger beer bottle
What is the foundational principal of procedural fairness and natural justice in Australia?
The right to be heard/ have a trial conducted by an unbiased decision maker/ judge
Differntiate between 'mechanisms' and 'agencies' of law reform
Agencies advocate for law reform, mechanisms can actually implement law reform
Name 2 other law enforcement agencies in Australia besides state and federal police
Australian Border force
Australian Criminal Intelligence Commission
Australian High Tech Crime Centre
Australian Security Intelligence Organisation
Direct - obvious discrimination
Indirect - When a policy or practice seems neutral but actually favours one group
Its hard to detect, can be defended as 'equal' etc
Who is involved in the separation of powers? Why is this important?
Judiciary, Parliament and Executive - stops one group having too much power, upholds the rule of law
What is the common law presumption that protects children under the age of 10 of being charged with a crime?
Doli Incapax - incapable of wrong
What are the 2 domestic mechanisms of law reform?
Courts and Parliament
Courts: More expensive and time consuming, but more enforceable/binding
Tribunals: Cheaper and quicker, not always binding, can be challenged in court
What are ADVOs and how do they work? What is their big draw back?
Apprehended Domestic Violence Orders - restrict contact between an alleged DV perpetrator and victim.
Although successful most of the time, they are only followed up by police if they are breached, and sometimes those breaches are exterely serious or fatal incidents.
What are the 3 branches of public law and private law?
Criminal, Administrative, Constitutional
Contract, Tort, Property
What is the UNSC and what is the power of veto?
United Nations Security Council, veto is the power to automatically override any resolutions made by the council.
What are 2 international mechanisms of law reform?
The UN and intergovernmental organisations
Media, member of parliament, trade unions, lobby groups, interest groups
Internal reviews, external reviews, the courts, ombudsmen, statutory bodies
Name the main bail reform after the 1978 act, the next 2 amendments to it and explain why these reforms occured
Bail Act 2013 (NSW) - Simplified it with the unacceptable risk test
Bail Act Amendment 2014 (NSW) - introduced 'show cause' after high profile cases (r v Farrow, r v Hawii
Bail Act Amendment 2015 (NSW) - Restrictions on terrorists getting bail after Lindt Cafe siege