Legal Studies flashcards

94 SACE Legal Studies cards across 4 modules (44 definitions, 50 key facts, 0 fill-the-gap, 0 formulas). Each session gives you 20 cards, due cards first. Swipe right for easy, left for hard, down for again. Keyboard: Space to flip, 1 to 4 to rate.

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What this deck covers

Topic 1: The Australian Legal System (20 cards, 5 dot points)
Topic 2: Constitutional Government (33 cards, 9 dot points)
Topic 3: Law-Making (15 cards, 4 dot points)
Topic 4: Justice Systems (26 cards, 7 dot points)

Sample cards from this deck

Definition
Criminal and civil law (SACE Stage 2 Legal Studies)
Define Parties
The prosecution (the Crown or the Director of Public Prosecutions, acting for the state) versus the accused (defendant).
Definition
Constitutional change and referendums (SACE Stage 2 Legal Studies)
Define Parliament
A proposed law to alter the Constitution must be passed by both houses of the Commonwealth Parliament (or, in limited circumstances, by one house twice).
Definition
The relationship between courts and parliament (SACE Stage 2 Legal Studies)
Define Abrogation
Abrogation is when parliament passes a statute that cancels or overrides a principle of common law made by the courts. Because statute prevails over common law, parliament can abrogate a court decision it disagrees with, provided it acts within its constitutional power.
Definition
Access to justice (SACE Stage 2 Legal Studies)
Define Cost
Lawyers, court fees and the risk of paying the other side's costs make litigation expensive. Many people cannot afford to pursue or defend a claim.
Definition
Origins of Australian law (SACE Stage 2 Legal Studies)
Define Reception of law
Reception is the process by which a colony takes on the law of the colonising country. In Australia, English common law and relevant English statutes were received as the foundation of the colonial legal system.
Definition
International law and human rights obligations (SACE Stage 2 Legal Studies)
Define Dualism
Dualism is the principle that international law and domestic law are separate systems. In Australia a treaty creates obligations between nations when ratified, but it has no direct effect in domestic law until parliament passes legislation to implement it.
Definition
Delegated legislation (SACE Stage 2 Legal Studies)
Define Expertise
Specialist bodies and departments often understand technical detail better than parliament, for example workplace safety standards or pollution limits.
Definition
Alternative dispute resolution and tribunals (SACE Stage 2 Legal Studies)
Define Conciliation
Conciliation is similar to mediation, but the conciliator is more active and may suggest possible solutions, often using expertise in the subject area.
Definition
Sources of law: parliament and courts (SACE Stage 2 Legal Studies)
Define Courts interpret statutes
Words in an Act can be unclear, so judges apply rules of statutory interpretation to decide what parliament meant. These interpretations then guide how the Act is applied in future.
Definition
Native title and land rights (SACE Stage 2 Legal Studies)
Define Native title
Native title is the recognition in Australian law of the rights and interests of Aboriginal and Torres Strait Islander peoples to land and waters, arising from their traditional laws and customs, where a continuing connection has been maintained and the title has not been extinguished.