Module 1 Flashcards

1
Q

Non legal rules are derived from

A
  • moral or philosophical beliefs
  • Religious beliefs
  • Social values
  • Rules that have become customary in a community
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2
Q

Legal principles

A

are statements of the broad fun. Viewpoints that the policy and philosophical direction of an area of law
E.G. A legal principle is that if you are over 18 you can vote in a parliamentary election

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3
Q

Legal rules

A

are the more detailed mechanisms by which the principles are given effect
E.G. The electoral rules which are attached, e.g. If your address is correct.

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4
Q

Legal system

A

means all the legal principles and rules that exist in a particular country.

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5
Q

Common law vs civil law

A

common law is adversarial ( a dispute)

civil law is isquisitorial (based on codes)

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6
Q

What function does the law serve?

A
  • That if you pay for goods or services you will be provided with them (consumer law)
  • That if you own property nobody else is able to inhabit it without your permission (property law)
  • Driving on the road is made safer by the requirement that every driver have a valid drivers license (administrative law, criminal law)
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7
Q

Encourages and discourages certain conduct:

A
  • Criminal law discourages violent behaviour in society
  • Intellectual property law encourages business to register their design or patents
  • Corp law discourages directors from abusing position of power
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8
Q

Grants rights and powers to individuals and groups of people

A
  • A party to a contract has the right to enforce the other against the other party if they refuse to honour their obligations (contract law)
  • Creditors have the power to wind up a company if it is unable to pay its debts (corp law)
  • Cons have the right to have defective goods replaced or refunded when a replacement item is unavailable (consumer law)
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9
Q

Imposes obligations on ind/ org to meet their legal responsibilities:

A
  • Food producers must ensure that their products are safe to consume (consumer law)
  • Cyclists must be careful not to harm pedestrians by riding negligently (tort law)
  • Council members must make dec that conform to protocols and do not extent beyond their official power (admin law)
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10
Q

Allows enforcement of recognised rights and duties:

A
  • police are allowed to arrest ind who commit crimes (criminal law)
  • ATO is given power to inv a false dec on a tax return (admin law, taxation law)
  • The comm minister can impose mandatory safety stand for consumer goods or product related services (admin law, consumer law)
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11
Q

Provides remedies when an injustice has been done:

A
  • Damages can be awarded when an ind has been harmed by negligent conduct (tort law)
  • A customer can be provided with a replacement item when the item was purchased defective (consumer law)
  • An order of specific perf can be made when a party to a contract refuses to honour an important term of the contract (contract law)
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