Australian Legal System #2

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  • Created by: dacla2
  • Created on: 12-06-20 04:00
What is the purpose of Residential Tenancy Authority?
The RTA's core responsibility and principal activity is to provide and oversee services in accordance with the Residential Tenancies and Rooming Accommodation Act 2008 (Qld).
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What is a "bond dispute"?
Bond disputes occur when one or more parties respond to a Notice of claim from the RTA and disagree over how a bond refund should be paid out.
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What is the free service that the RTA offers for dispute resolution?
The RTA conducts 2 types of conciliations: 3-way teleconference, or •phone shuttle, where conciliators hold separate conversations with each person.
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What is the definition of a "contract"?
A contract is a legally binding agreement that recognises and governs the rights and duties of the parties to the agreement.
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What is a registrar & what level of court do they work in?
A registrar is an officer-in-charge of a magistrates court.
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What is a law clerk/legal executive?
A law clerk works for solicitors doing routine clerical work such as conveyancing, probate, wills & minor civil disputes.
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What is a judge's associate?
A judge's associate works as a personal and research officer to the judge.
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What is the difference between a Magistrate & a Judge?
Magistrates often have a narrow scope of authority & hear short & less complex matters. Judges, have great authority over matters & generally hear larger, more complex cases.
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What is a Court Monitor?
They are responsible for producing a complete, accurate, and secure legal transcript of courtroom, witnesses' testimonies, and depositions.
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What is the role of the Australian Federal Police?
The AFP's role is to enforce Commonwealth criminal law & organised crime impacting Australia's national security; here & overseas.
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Name the 4 types of law.
Statute Law; Acts of Parliament; Acts; Legislation.
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What is the purpose of having laws?
To have an acceptable way of controlling the behaviour of citizens.
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What is "law"?
A body of rules or regulations which people are expected to obey in order to help solve problems arising from human conflict.
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Who makes the laws?
Parliament makes the laws.
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Who interprets the laws?
The courts interpret the laws.
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Who enforces the laws?
The police enforce the laws.
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What makes laws effective?
Everyone must have knowledge of the law. Laws must be clear, consistent, acceptable & enforceable.
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The law is divided into 4 categories. They are...
Criminal. Civil. Constitutional. International.
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Define Civial Law.
Civil law defines the rights and responsibilities of individuals, government entities and private or non-government organisations in their interactions with each other.
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Does Australia have a "Bill of Rights"?
Australia has never had a bill of rights to offer protection of human rights in a single document.
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Why is Family Law a specialist branch in Australia?
It is a superior court of limited jurisdiction and was established in 1975 by the Family Law Act 1975 by the federal parliament. The Commonwealth has power over marriage and divorce under the Constitution.
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Define the High Court.
The High Court is the highest court in Australia & has jurisdiction over all other courts.
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Define the Federal Court.
The Federal Court primarily hears matters relating to corporations, trade practices, industrial relations, bankruptcy, customs, immigration and other areas of federal law.
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Define the Magistrate's Court.
The Magistrates Court is the first level of the Queensland Courts system and hears about 95% of court cases. Most criminal cases & civil actions are first heard in this court. There is no jury.
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Other cards in this set

Card 2

Front

What is a "bond dispute"?

Back

Bond disputes occur when one or more parties respond to a Notice of claim from the RTA and disagree over how a bond refund should be paid out.

Card 3

Front

What is the free service that the RTA offers for dispute resolution?

Back

Preview of the front of card 3

Card 4

Front

What is the definition of a "contract"?

Back

Preview of the front of card 4

Card 5

Front

What is a registrar & what level of court do they work in?

Back

Preview of the front of card 5
View more cards

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