Legal Studies Test Term 2

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Who does international law apply too?
The countries who sign up to the international law from bodies such as the UN
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Who makes international law?
International Law is made through treaties. They are generally made by NGOs such as the UN
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What are the two types of treaties?
Bilateral- between two countries and Multilateral- between multiple countries
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What is ratification?
The process of passing international law into domestic law
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Give an example of how Australia is ratifying International laws
Australia has ratified the anti-discrimination act in order to keep in touch with the UN declaration of Human rights.
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Who enforces international law?
The country who signed the treaty is involved in enforcing the laws as well as international organisations such as the UN and ICC
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What is state sovereignty?
State sovereignty is the idea that allows a country to make, remove and change laws under its own power. Other countries can put on outside pressure such as trade embargo but in most cases, there is not much that can be done
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What is domestic law?
Domestic law is the law which applies to the sovereign state. It varies form country to country and can be made as a decision by the country concerned
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What is the difference between public and private law?
Public and private law differ as public law is regarding issues between the government and peoples and private law is regarding between two or more people
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What are the 4 public law sub divisions?
administrative, criminal, Constitutional , industrial
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What are the 7 private law sub divisions?
Contract, tort Negligence, deformation, nuisance, trespass and property
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what is the ICG?
The International Court of Justice (ICG) is used to take countries to court who break laws in international law that they have signed an agreement to. However it is only used by countries that recognise the ICJ to make sure State Sovereignty is preserved.
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What is the ICC?
) The ICC is for individuals who can be regarded as war criminals and other such charges. The ICC doesn’t take into account state sovereignty as it sees the accused as individuals not representing state.
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What is the role of the UN?
The UN’s job is peace keeping and international law body making.
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Name two differences between criminal and civil law cases
Civil have to prove balance of probabilities (50%+1), Criminal have to prove beyond a reasonable doubt. Civil dispute is between individuals and companies and criminal is between individual(s) and state.
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Name one more difference between criminal and civil
civil-Person being charged is called the defendants, criminal-Person being charged is called the accused
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List three key factors of civil law system
Originates from Rome, inquisitorial system, active role of the judge
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List three key factors of common law system
Originates from Britain, impartial role of the Judge, Adversarial system
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List the key members of a high court court (criminal)
Judge, Barrister, Witness, Court Officer, Tipstaff, Court reporter, jury (solisitor)
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Role of barrister
Act as advocates in legal hearings. They also have specialist knowledge of the law
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Role of Solicitor
Have specialist knowledge on difference areas of the law such as family, crime, finance. Solisitors spend most of the time advising clients, undertaking negotiations and drafting legal documents
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Role of Winess
To provide testement in court presenting what they witnessed at the event
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Role of a tipstaff
To provide courtroom and administrative support to a judge
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Role of a judge and magistrate
The judge or magistrate are responsible for deciding what sentence to give the offender. They are also charged with highlighting points of law with in the court
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Role of a court officer
Assist in the effective operation of courts such as announce the beginning and end of court
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Role of Jury
the jury listen to the evidence and based on what they heard, they decide if the defendant is guilty or not
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What is the plaintiff?
a person who brings a case against another in a court room
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What is the prosecution?
a person who brings a case against another in a court room
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What is the bailiff?
An official in court who keeps order
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What is the accused and defendant and what court are they each in?
Accused and defendant are both the people on trial and the accused is criminal and the dedendant civil
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What are the stages of a trial?
Opening statements by plaintiffs and defences attorney, plaintiffs testimony with supporting witness or expert followed by cross examination, defines testimoney followed again by cross examination, closing arguments, verdict by jury and then judgement
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Other cards in this set

Card 2

Front

Who makes international law?

Back

International Law is made through treaties. They are generally made by NGOs such as the UN

Card 3

Front

What are the two types of treaties?

Back

Preview of the front of card 3

Card 4

Front

What is ratification?

Back

Preview of the front of card 4

Card 5

Front

Give an example of how Australia is ratifying International laws

Back

Preview of the front of card 5
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