Basic Legal Concepts
What is a custom?
Customs are expectations of behaviour that are not enforceable
What is the legal principle that binds the decision making of magistrates based on earlier court decisions?
Precedent
Define customary law
Contract
Tort
Property
Spell law reform
Law Reform
Which case led to the introduction of mandatory minimum sentencing for drunk assaults?
R v Loveridge
What is ONE similarity between rules and laws?
- Create expectations of behaviour
- Are enforceable
- Generally have a punishment if breached
What is Australia's Lower House known as?
House of Representatives
What is the first major international human rights document known as?
Universal Declaration of Human Rights (1948)
Name TWO types of public law
Criminal
Constitutional
Administrative
Give ONE condition of law reform
Changing social values
Changing technology
Changing concepts of justice
International law
One-off events
Which case created the limited right to legal representation in Australia?
R v Dietrich (1992)
What is the difference between tyranny and anarchy?
A decision in a UK House of Lords case is considered by a NSW Supreme Court judge. What is this an example of?
Persuasive precedent
What is the concept that enables a country to make its own domestic laws without undue external influence?
State Sovereignty
How does the role of a judge differ between a common law system (Australia) and a civil law (USA) system?
In a civil system the judge is able to directly question a defendant and plays an active role in the court proceedings.
Give TWO agencies of law reform
Media
NGOs
Law Reform Commissions
Parliamentary Committees
Which case clarified that Native Title could exist on land that was leased for mining or pastoralism?
Wik (1996)
What is the rule of law?
The concept that no-one is above the law
What does s. 128 of the Australian Constitution enable?
Which international court prosecutes individuals for serious crimes against humanity including genocide or war crimes?
International Criminal Court
Billy takes a fall in a Woolworths and sues for damages. What is the standard of proof in this case?
Balance of Probabilities
What are the THREE mechanisms of law reform in Australia?
Courts
Parliament
Inter-governmental orgs including the UN
Which piece of legislation outlines the process for Youth Justice Conferences in NSW?
Young Offenders Act 1997 (NSW)
- Right to know the case
- Right to be heard
- Right to have case heard by impartial decision-maker
The Tasmanian Dams case (1983) relied on this section of the Constitution to determine a division of powers question.
The United Nations has 6 organs. Name three of them.
General Assembly
Security Council
Secretariat
Economic and Social Council
Trusteeship Council
International Court of Justice
In Donoghue v Stevenson (1932) the court created the body of law known as torts. Explain when these legal remedies are used?
To rectify serious wrongs between parties where a contract does not exist.
In which year was the last Australian executed via the death penalty?
1967 - Ronald Ryan in Melbourne
How many guns were surrendered as part of the gun buyback scheme after Port Arthur?
650,000