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44 Cards in this Set
- Front
- Back
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Contract |
An agreement between two or more persons that is legally enforceable |
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Consumer Credit Law |
The provision of money/credit by a business to a consumer for non-commercial purposes and with the expectation of repayment at a later date |
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Tort |
a harmful act, other than a breach of contract, giving the victim a right to sue for compensation. eg. tresspass, negligence, defamation. |
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Intellectual Property |
A form of intangible creation such as the expression of an idea, a trademark, a new technology or a design |
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Litigation |
Legal proceedings brought in a court of law as a result of one person suing another |
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Prosecution |
Legal proceeding brought in a court of law as a result of the state seeking to establish the guilt of a person charged with having committed a crime. |
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What are the 3 levels of Government in Australia? |
1.Federal Gov- Regulates national matters 2.State & Territory Gov- Regulates State & Territory matters 3.Local Gov- Regulates local matters |
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Local Authority |
A statutory authority such as city council/shire that excercises legislative power deligated to it by state/territory Gov. AKA- Local Gov |
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state/State |
lowercase= the government generally Capitalised= a state within federation. eg NSW |
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Federal |
Pertaining to the nation of Australia. eg. Federal Parliament, Federal Legislation AKA- Commonwealth |
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Legislation |
Law made by parliament. AKA- Statute/Act of Parliament |
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Case Law |
Law made by courts in accordance with the doctrine of precedent. AKA- Common Law |
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Law |
A system of rules made by the state and enforceable by prosecution or litigation. |
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Business Law |
The set of rules regulating businesses and business activities made by the state and enforceable by prosecution or litigation. |
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What is a Law? |
A type of rule. A rule is a statement of behavioural expectations. |
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Legal Rules |
Are made by the state, enforceable by prosecution |
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Criminal Law |
The set of legal rules and legal procedures that facilitate the prosecution by the state of those accused of having committed crime. |
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Civil Law |
The set of legal rules and legal procedures that regulate the relationships between members of the community and enable them to resolve disputes |
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Jurisprudence |
The philosophical study of the meaning and nature of law |
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Natural Law Theory |
A branch of jurisprudence that insists that there is an intimate and necessary relationship between the law and a set of higher values |
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Constitution |
The set of rules determining how nation or state will be governed |
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What is the purpose of Law? |
- Resolve Disputes - Maintain Social order - Reinforce Community Values - Helps the disadvantaged - Stabilise the economy |
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Doctrine of Separation of Powers |
The principle that the legislature, the executive and the judiciary should as far as possible remain functionally seperate |
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What are the 4 categories of laws? |
- Substantive and procedural law - Civil and Criminal Law - Public and Private Law - Domestic and International Law |
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Substantive Law |
The System of legal rules that set out the rights and obligations of individuals and the state. |
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Procedural law |
The system of legal rules that regulate legal process such as civil litigation or a criminal prosecution |
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Public Law |
The category of law concerned with the relationship between the citizen and the state. Includes constitutional, admin, criminal and taxation law. |
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Private Law |
The category of law concerned with the relationships between individuals within the community. Includes contract, tort and property law |
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Domestic Law |
The law that regulates persons within a particular jurisdiction |
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Public International Law |
The set of rules regulating the relationships between states. |
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Private International Law |
The set of rules that determine which state laws should be apples to resolve a dispute between people in different states. AKA- Conflict of Laws |
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Jurisdiction |
The extent of the power and authority conferred upon a parliament, a gov body or court |
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Statement of Claim |
A document setting out the plaintiff's claim that commences a civil action |
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Defamation |
A tort committed when one person publishes to a third party, in spoken/written form, a statement about another person that would damage the reputation of that person. |
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What is Australia governed by? |
Federal (Commonwealth) Government located in the ACT, Canberra.
It is a Constitutional Monarchy |
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What are the 6 characteristics of the Australian Legal System? |
- Liberal Democracy - Constitutional Monarchy - Separation of Powers - Common Law Legal System - Federation - Responsible Government |
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Liberal Democracy |
A representative democracy in which laws are made by, and the executive government consists of elected representative who exercise their power subject to the rule of law and to the constitution. |
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Common Law Legal System |
A type of legal system, based upon the british legal system, where the two main sources of law are case law and legislation |
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What are the 2 main types of legal Systems? |
-Common Law Legal System - Civil Law Legal System |
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Constitutional Monarchy |
A country where the head of state is a king/queen who holds that position subject to the constitution and with the consent of the people and who exercises little or no actual power. |
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Federation |
A system of Gov where legislative , executive and judicial power is shared between a national gov and various state or regional gov. |
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Bicameral |
To be comprised of 1 parts; indicates the parliament consists of two houses- upper and lower |
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Doctrine of Precedent |
The principle that when deciding a question of law a court must do so consistently with the earlier decisions of higher courts within the court hierachy. |
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Class Action |
Legal Action brought against a defendant on behalf of a large number of plaintiffs with similar causes of actions |
