Year 11 Legal: Unit 1 Topic 1

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Constitution

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It establishes the composition and powers of the Parliament, how federal and state Parliaments share power, and the roles of Executive Government and the High Court. It took effect on 1 January 1901.

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Statute Law

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the most common form of law within our society, law passed by parliament that can cover any topic and takes precedence over common law.

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Common Law

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the body of laws made through legal custom as well as the decisions of the courts. Also referred to as 'Case Law' or 'Judge-made Law'.

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Court Hierarchy

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The ranking of the courts in order of seriousness or jurisdiction.

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Adversarial system

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a system of law where each side presents evidence in order to prove their case. Each side puts forward its own version of the facts and tests the opposing Sides's version of the facts.

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Civil Law

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Civil law attempts to protect the rights and responsibilities of individuals in their behaviour and interactions with others, as opposed to criminal law. If the freedom of one party is infringed/breached by another party (individual/organisation/government) the aggrieved person has the right to request compensation for suffering, injury and/or financial loss incurred.

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Criminal law

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a system of law concerned with the punishment of those who commit crimes. It attempts to balance the rights of individuals to freedom from interference with person or property, and society's need for order.

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a system of law concerned with the punishment of those who commit crimes. It attempts to balance the rights of individuals to freedom from interference with person or property, and society's need for order.

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the practices and systems among First Nations peoples that have developed over time, regulating behaviour and connecting people with each other and the land through a system of relationships.

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Legislation

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a law or body of laws formally made by parliament.

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Characteristics of an Effective Law

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1. Clearly known to the public.

2. Be acceptable to the community.

3. Applied fairly and equally to all.

4. Capable of being enforced.