Basic Legal Concepts
What is the definition of law?
A set of rules imposed on all members of a community, officially recognised and enforceable
What are laws made by parliament called?
Statute Law
Name the two types of law (against the individual and against the state)
Civil and Criminal law
What does the term law reform mean?
A change to improve the law.
Who was the plaintiff in the famous 1992 case that recognised native title?
Eddie Mabo
What is the key difference between rules and laws?
Laws are enforceable by the state; rules are not
What is the highest source of law in Australia?
The Constitution
What is the burden of proof in a civil case and a criminal case?
Beyond Reasonable doubt
Balance of probabilities
In 2017, what law was changed to redefine marriage as “the union of two people”?
The Marriage Act 1961 (Cth).
In which year was the Native Title Act passed by the Commonwealth Parliament?
1993
What does the rule of law state about lawmakers and judges?
They are subject to the same laws as everyone else
What type of Legislation is made by state councils?
Delegated Legislation
Give one example of private law.
Contract law
Tort law
Property law
Family law
What punishment was abolished in Australia because it failed as a deterrent and prevented rehabilitation?
Capital punishment (death penalty)
Has Native Title been effective? Explain your answer
Mr Arcuri to decide.
What are the two key principles of natural justice?
The right to be heard and the right to an unbiased decision-maker
What are the two types of Treaties?
Multilateral and bilateral
Who is the onus of proof on in a criminal case?
The prosecutor
Which technology led to the reopening of many “cold cases” in criminal law?
DNA evidence.
What is the name of the High Court case in 1996 that limited native title rights on pastoral leases?
Wik Case
Give two examples of a custom in Australian society.
Shaking hands
Nodding
Cheek kiss as a greeting
Removing hats indoors
What does 'Stare decisis' mean?
to stand by what has been decided
What is the difference between summary offences and indictable offences?
Summary = minor, heard in Local Court
Indictable = serious, heard in higher courts
Name one independent body in Australia that investigates and recommends law reform.
Australian Law Reform Commission (ALRC) or NSW Law Reform Commission.
Name one limitation of the Native Title Act that makes it difficult for Indigenous groups to succeed in claims.
Must prove continuous connection since colonisation
Extinguishment by freehold or leases.