PRELIMINARY LEGAL STUDIES QUESTIONS WITH ANSWERS 100% CORRECT

Rules - CORRECT ANSWER Regulations or principles governing procedure or controlling conduct Law - CORRECT ANSWER A set of rules imposed on all members of a community which are officially recognised, binding and enforceable by persons or organisations such as the police and/or courts Equality - CORRECT ANSWER The state or quality of being equal; that is, of having the same rights or status Fairness - CORRECT ANSWER Freedom from bias, dishonesty, or injustice; a concept commonly related to everyday activities Access - CORRECT ANSWER The right or opportunity to make use of something; the access to information relevant to your situation Rule of Law - CORRECT ANSWER The principle that no one is above the law; the most important application of the rule of law is that governmental authority is exercised in accordance with written, publicity disclosed laws that are adopted and enforced in accordance with established procedural steps Custom - CORRECT ANSWER Collective habits or traditions that have been developed in a society over a long period of time Ethics - CORRECT ANSWER Rules or standing governing the conduct of a person or the members of a profession OR a major branch of philosophy, which investigates the nature of values and the right and wrong conduct Natural Justice - CORRECT ANSWER The body of principles used to ensure the fairness and justice of the decision-making procedures of courts; in Australia it generally refers to the right to know the case against you and to present your case, the right to freedom of bias by decision makers, and the right to a decision based on relevant evidence Tyranny - CORRECT ANSWER Rule by a single leader holding absolute power in a state Anarchy - CORRECT ANSWER A state that has an absence of laws and governments Adversary System - CORRECT ANSWER A system of revolving legal conflicts, used in common law countries such as England and Australia, which relies on the skill of representatives for each side (e.g. defence and prosecution lawyers) who represent their case to an impartial decision-maker Inquisitorial System - CORRECT ANSWER A legal system where the court or part of the court (e.g. the judge) is actively involved in conducting the trial and determining what question to ask; used in some countries with civil legal systems as opposed to common law systems Development of Common Law - CORRECT ANSWER William the Conquer came to England and introduced a system that involved the equal treatment of criminal offences (same punishment for the same crime) Precedent - CORRECT ANSWER A judgement that is authority for a legal principle, and that serves to provide guidance for deciding cases that have similar facts Binding Precedent - CORRECT ANSWER When the lower courts are bound to follow the decisions made by superior courts, regardless of whatever the judge believes the decision of the higher court is correct or not Persuasive Precedent - CORRECT ANSWER When the superior courts do not have to follow decisions made in a lower courts. The higher courts may however use the decisions of the lower court to help make them a decision. Stare Decisis - CORRECT ANSWER A Latin term meaning 'the decision stands'; the doctrine that a decision must be followed by all lower court Ratio Decidendi - CORRECT ANSWER The legal reasoning behind a judge's decision Obiter Dicta - CORRECT ANSWER A comment from a judge in a case that is not directly relevant to the case, therefore not legally binding Court Heirachy - CORRECT ANSWER 1. Lower Courts 2. Intermediate Courts 3. Supreme Courts State Lower Courts - CORRECT ANSWER Local Court of NSW Coroner's Court of NSW Children's Court of NSW State Intermediate Courts - CORRECT ANSWER District Court of NSW State and Territory Superior Courts - CORRECT ANSWER Land and Environmental Court of NSW Supreme Court of NSW Court of Criminal Appeal Federal Lower Courts - CORRECT ANSWER Federal Magistrates Court of Australia Federal Specialist Courts - CORRECT ANSWER Family Court of Australia Federal Superior Courts - CORRECT ANSWER Federal Court of Australia High Court - CORRECT ANSWER High Court of Australia (Highest Court Room) Summary Offences - CORRECT ANSWER Minor criminal offences that can be dealt with by a single judge without a jury and do not require a preliminary hearing. These cases are dealt with in the lower courts Indictable Offences - CORRECT ANSWER Serious criminal offences that require an indictment (a formal, written charge) and a preliminary hearing; they are typically heard before a judge and jury and are subject to a greater penalty. These cases are dealt with through the higher courts Court Appeals - CORRECT ANSWER All courts can hear a case for the first time, and courts can also hear appeals from lower courts on a case Statue Law - CORRECT ANSWER Parliament made law Role of Parliament - CORRECT ANSWER Parliament has four main functions: legislation (making laws), representation (acting on behalf of voters and citizens), scrutiny (examining the government), and formation of government Role of Parliament - CORRECT ANSWER A body of elected representatives. Parliament debates proposed legislation, passes or rejects it, and amends legislation Structure of Parliament - CORRECT ANSWER Apart from the Territories and Queensland, all the state parliaments and Federal Parliament are bicameral. Each having two houses, an upper and a lower Structure of Federal Parliament - CORRECT ANSWER Two houses are the Senate (upper house) and House of Representatives (lower house). The government is formed by the political party that wins the majority of seats in the lower house Steps in passing a bill - CORRECT ANSWER - Need for new law is defined - Draft bill - First reading - Second reading - Committee stage - Third reading - Upper house - Royal assent (Bill becomes dated as an Act at this point)