End of Year Legal Exam

Legal studies in australia

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What is the difference between laws, rules, and customs
Laws are legal rules imposed on all members of a community that if brocken, legal sanctions apply. Rules are prescribed for certain situations.
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What is the person taking the matter to court called in both civil and criminal?
Plaintiff and prosecution
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What is the person being taken to court called in both civil and criminal called?
Defendant and accused
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give an example of a statute law to protect individual rights
Racial discrimination act 1975
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Give three examples of ATSI cases
Aborigonal Land Fund Commission (1974) Native Title Act 1993 Native title Amendment Act 2007
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What is the rule of law
Lina Ruz Gonzalez
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What is the person taking the matter to court called in both civil and criminal?
Plaintiff and prosecution
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What is the person being taken to court called in both civil and criminal called?
Defendant and accused
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What is equity
Law that is applied when common law can provide no releif. It aims to achieve the fairest outcome
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What is precedent
Precedents are past decisions to ensure consistency in the decisions the court makes
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What is the adversarial system of trial
Where two parties are opposed to each other before an impartial judge
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What is the NSW court heirarchy
Local court - Childrens Court and Coroners Court, Intermediate - District Court, Superior Courts include land and environmental, Supreme Court and Court of Criminal Appeals
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What is the federal court heirarchy
Federal Circuit Court, Federal Family Court, Federal Court of Australia
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What is statute law
Law made by parliament in the forms of legislation
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what are the commonwealth lower and upper houses called
House of representatives, Senate
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What are the state lower and upper houses called?
Legislative Council, Legislative Assembly
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What are the commonwealth and NSW government leaders called
Prime Minister and Premier
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Who are the monarchs representatives in Federal and NSW?
Governor General and Governor
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What is the constitution
A document that outlines the rules of the governing body of a nation. Occurred after federation and determines what powers can be excessed by the commonwealth and the state
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What is division of power?
What powers state and federal have
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What is the role of the high court?
Original juristiction to deal with constitutional matters. Also a court of appeal
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What is customary law?
A system of rules of conduct which is felt as obligatory upon them by the members of a definable group of people
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What is the significance of law to ATSI people?
No concept of land ownership, instead they were custodians of the land
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What is standard of proof?
How much a case has to be proved.
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What is the standard of proof for civil and criminal?
In civil, it is balance of probabilities 50% +1, in criminal it is beyond a reasonable doubt 99%
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What is the person taking the matter to court called in both civil and criminal?
The plaintiff and the prosecution
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What is the person being taken to court called in both civil and criminal called?
The defendant and the accused
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give an example of a statute law to protect individual rights
The right not to be excluded or restricted on the basis of race. Racial Discrimination Act 1975
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Give three examples of ATSI cases
Aborigonal Land Fund Commission (1974) Native Title Act 1993 Native title Amendment Act 2007
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What is separation of pwer
The three key organs of government - the executive, the legislature and the judicary
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What are the relative articles giving dividing power amongst state and federal
Exclusive federal power Article 51
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Card 2

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What is the person taking the matter to court called in both civil and criminal?

Back

Plaintiff and prosecution

Card 3

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What is the person being taken to court called in both civil and criminal called?

Back

Preview of the front of card 3

Card 4

Front

give an example of a statute law to protect individual rights

Back

Preview of the front of card 4

Card 5

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Give three examples of ATSI cases

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