The Legal System A
The Legal System B
Law Reform
The Individual and the Law
Contemporary Issues
100

Define 'anarchy'

The absence of law enforcement or central government.

100

What is the rule of law?

No one is above the law, it applies equally to everyone 

100

What does 'terra nullius' translate to?

Land belonging to no one. 

100

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

100

What contemporary issues did we cover?

Discrimination against women

Drugs

Domestic Violence

Bail 

200

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

200

What is the standard of proof in a civil trial, and what is it in a criminal trial?

Balance of probabilities

Beyond reasonable doubt

200

Name 2 conditions that give rise to law reform

Changing Values

Technology

New forms of justice

200

Name 3 forms of alternative dispute resolution

Negotiation, Mediation, Arbitration, Conciliation

200

What was the stat (roughly) on how many Australians 14 and over had used an illicit drug in their life?

47%

300

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

300

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

300

Differntiate between 'mechanisms' and 'agencies' of law reform

Agencies advocate for law reform, mechanisms can actually implement law reform

300

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

300
Define direct and indirect discrimination. Which one is harder to combat? Why?

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

400

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

400

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

400

What are the 2 domestic mechanisms of law reform?

Courts and Parliament

400
What are the advantages and disadvantages of courts and tribunals

Courts: More expensive and time consuming, but more enforceable/binding

Tribunals: Cheaper and quicker, not always binding, can be challenged in court

400

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. 

500

What are the 3 branches of public law and private law?

Criminal, Administrative, Constitutional

Contract, Tort, Property

500

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. 

500

What are 2 international mechanisms of law reform?

The UN and intergovernmental organisations

500
Name 3 legal and 3 non-legal ways to challenge the state.

Media, member of parliament, trade unions, lobby groups, interest groups

Internal reviews, external reviews, the courts, ombudsmen, statutory bodies

500

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