legal studies 3/4

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Decks in this class (44)

Principles of the Australian Parliamentary System
Representative government,
Responsible government,
Responsible government 2
9  cards
Structure of Victorian and Commonwealth Parliament
Westminister system,
Bicameral parliament,
The crown
14  cards
Why Laws May Need to Change
Laws may need to change because of,
Changing community attitudes and ...,
Changing community attitudes example
5  cards
VLRC
The vlrc is,
Role of vlrc 1,
Role of vlrc 2
14  cards
How Individuals Influence Legislative Change
Petitions are,
Strength of petitions,
Weakness of petitions
12  cards
Progress of a Bill through Parliament
First reading,
Second reading,
Statement of compatibility in vic...
12  cards
Evaluation of Parliament as a Lawmaker
Strengths weakness of parliament,
Delegate power,
Strength of delegation
6  cards
3.2.1 Division of Power
Division of power,
Specific power,
Specific power 2
16  cards
3.2.2 Restrictions on Power
Restrictions can be on,
Restrictions on commonwealth parl...,
S92
5  cards
3.2.3 Changing the Constitution
S128,
Step 1 in changing the constitution,
Step 2 in changing the constitution
10  cards
3.2.4 Impact of Referendum on Division of Power
Referendums have had,
Out of the successful referendums...,
There have only been out of succe...
10  cards
3.2.5 Role of the High Court interpreting the Constitution
Role 1 of the high court,
Role 2 of the high court,
The high court cant
6  cards
3.2.6 Significance of High Court cases
Case 1,
Tasmanian government,
Commonwealth claimed the legislat...
17  cards
3.2.7 Capacity of States to refer Law-making Power
Section that enables the referral...,
S51 xxxvi,
The process is
13  cards
(B) 3.2.8 The means by which the Constitution protects rights
The 3 means by which the consitut...,
How many express rights,
The 5 express rights
20  cards
(B) 3.2.9 Significance of High Court case relating to Constitutional protection of rights
Political case,
Significance of the political bro...,
Facts
8  cards
(B) 3.2.10 Australia's Constitutional Approach to protection of rights compared to South Africa
Similarities 1,
Similarity 2,
South africa court
11  cards
3.3.1 Operation of the Doctrine of Precedent
Court hierarchy,
Common law,
Doctrine of precedent
22  cards
3.3.2 The ability of judges to make law
Positive 1,
Eg of novel set of facts,
Positive 2
10  cards
3.3.3 Reasons for interpreting statutes
Statutory interpretation,
Reason 1,
Ambiguous
13  cards
3.3.4 Effects of Interpreting Statutes
Effect 1,
Broad interpretation,
Example 1
8  cards
3.3.5 Strengths and Weaknesses of Law-Making through the Courts
Strength 1,
A decision must be made,
Weakness 1
14  cards
3.3.6 The Relationship between Courts and Parliament in law-making
Statutory interpretation,
Ultra vires,
Codification
8  cards
4.1.1 Reasons for a Court hierarchy
Reason 1,
Doctrine of precedent,
Reason 2
9  cards
4.1.2 Jurisdiction
Original jurisdiction,
Appellate jurisdiction,
Magistrates court oj civil
16  cards
4.1.3 VCAT
Vcat role 1,
Vcat role 2,
Example
3  cards
4.1.4 Alternative Dispute Resolution Methods
Mediation conciliation and arbitr...,
Mediation,
Conciliation
13  cards
4.1.5 Strengths and Weaknesses of Dispute Resolution Methods
Mediation and conciliation streng...,
Cheaper,
Mediation and conciliation streng...
24  cards
4.1.6 VCAT and the Courts
Importance of courts,
Court strength 1,
Greater formality
21  cards
5.1.1 Elements of an Effective Legal System
Feature 1 of the adversary system,
Role of the parties,
Role of the parties aspect 1
18  cards
5.1.2 Strengths and Weaknesses of the Adversary System
Role of the parties strength 1,
Role of the parties strength 2,
Role of the parties weakness 1
19  cards
5.1.3 Inquisitorial System v Adversary System
Role of the judge,
Role of the judge similarity 1,
Role of the judge difference 1
8  cards
5.1.4 Possible reforms of the adversary system
Reform 1,
Judge are and they should be able to,
Reform 1 strength
8  cards
5.1.5 Role of the Juries
Similarity 1 between role of civi...,
Similarity 2 between role of civi...,
Similarity 3 between role of civi...
16  cards
5.1.6 Strengths and Weaknesses of the Jury
Strength 1,
Cross section of the community,
Strength 2
14  cards
5.1.7 Reforms and alternatives to the jury system
Recent reform,
2008 amendment to the juries act ...,
2008 amendment to the juries act ...
11  cards
6: Civil Pre-Trial Procedures and their purpose
Pre trial procedures,
Pleadings,
Pleading step 1
20  cards
6: Effectiveness of cicil pre-trial procedures
Fair and unbiased hearing pleadin...,
Fair and unbiased hearing discove...,
Fair and unbiased hearing pleadin...
9  cards
6: Types of civil remedies and their effectiveness
Purpose of civil remedies,
Damages,
Specific damages
12  cards
6: Criminal Pre-Trial procedures and their purposes
Bail,
Bail purpose 1,
Bail purpose 2
9  cards
6: General Purposes of criminal sanctions
Punishment,
Deterrence,
Denunciation
5  cards
6: Sanctions and their specific purpose
Imprisonment,
Imprisonment punishment,
Imprisonment protection
16  cards
6: Problems and difficulties in gaining access to the law
3 main problems,
Cost,
Recent change cost
19  cards
Comparison of the way the Courts and VCAT operate
Similarity 1,
Similarity 2,
Similarity 3
8  cards

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