NSW HSC Legal Studies flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Actus reus

The physical or external element of a crime, comprising a voluntary act, an omission where a duty exists, or a state of affairs.

Mens rea

The mental element of a crime, such as intention, recklessness, or negligence, which must generally accompany the actus reus.

Beyond reasonable doubt

The standard of proof the prosecution must meet in a criminal trial, requiring the jury or magistrate to be satisfied of guilt to a high degree.

Doli incapax

The presumption that a child aged 10 to 14 lacks the capacity to commit a crime unless the prosecution proves they knew the conduct was seriously wrong.

Bail unacceptable risk test

Under the Bail Act 2013 (NSW), a court first assesses whether the accused poses an unacceptable risk of flight, reoffending, or endangering others.

Universal Declaration of Human Rights

A 1948 United Nations General Assembly resolution setting out civil, political, economic, social, and cultural rights; it is non-binding but influential.

ICCPR

The International Covenant on Civil and Political Rights 1966, a binding treaty obliging states to protect rights such as life, liberty, fair trial, and free expression.

Implied freedom of political communication

A freedom derived from the system of representative government in the Constitution, recognised in Lange v Australian Broadcasting Corporation (1997).

Human Rights (Parliamentary Scrutiny) Act 2011

Commonwealth legislation requiring statements of compatibility with seven core human rights treaties to accompany bills and disallowable instruments.

Australian Consumer Law

Schedule 2 to the Competition and Consumer Act 2010 (Cth), providing national rules on consumer guarantees, unfair terms, and misleading conduct.

Consumer guarantee of acceptable quality

A statutory guarantee that goods are fit for purpose, acceptable in appearance, free from defects, and durable, which cannot be excluded by contract.

Section 18 ACL

The prohibition on misleading or deceptive conduct in trade or commerce; intention is irrelevant and a wide range of remedies is available.

Unconscionable conduct

Conduct so harsh that it goes against good conscience, often involving exploitation of a weaker party's disadvantage, prohibited under ss 20-21 ACL.

Paris Agreement

A 2015 treaty under the UNFCCC requiring parties to submit nationally determined contributions and pursue efforts to limit warming to 1.5 degrees.

Precautionary principle

A principle of environmental law allowing preventive action where serious or irreversible harm is threatened, even without full scientific certainty.

Polluter pays principle

A principle requiring those who cause pollution to bear the costs of preventing, controlling, and remediating environmental damage.

EPBC Act 1999

The Environment Protection and Biodiversity Conservation Act 1999 (Cth), which requires approval for actions significantly affecting matters of national environmental significance.

No-fault divorce

The principle under the Family Law Act 1975 (Cth) that divorce requires only irretrievable breakdown evidenced by 12 months' separation, without proving fault.

Best interests of the child

The paramount consideration in parenting matters under the Family Law Act 1975 (Cth), assessed through statutory factors including safety and relationships.

Parental responsibility

All the duties, powers, and responsibilities relating to a child's care, welfare, and development, which may be shared or allocated by court order.

Native title

The recognition of Indigenous rights and interests in land and waters according to traditional laws and customs, first recognised in Mabo v Queensland (No 2) (1992).

Terra nullius

The doctrine that land belonged to no one before European settlement; it was rejected by the High Court in Mabo (1992).

Wik decision

Wik Peoples v Queensland (1996), holding that pastoral leases do not necessarily extinguish native title and that rights may coexist.

Closing the Gap

The National Agreement on Closing the Gap 2020, setting 17 targets to reduce Indigenous disadvantage through shared decision-making with Indigenous organisations.

Residential Tenancies Act 2010

NSW legislation governing residential tenancy agreements, bonds, rent increases, repairs, termination, and dispute resolution in NCAT.

NCAT

The NSW Civil and Administrative Tribunal, which resolves tenancy, consumer, and other civil disputes and can order repairs, compensation, or termination.

National Employment Standards

Ten minimum workplace entitlements under the Fair Work Act 2009 (Cth), including maximum hours, leave, notice, and redundancy pay.

Better off overall test

The test the Fair Work Commission applies when approving enterprise agreements, ensuring employees are better off than under the relevant award.

Adverse action

Action taken against an employee for exercising a workplace right, such as union membership or making a complaint, prohibited under the Fair Work Act 2009 (Cth).

Responsibility to protect

A principle that states have a responsibility to protect populations from mass atrocities, with international action possible if a state fails.

Rome Statute

The 1998 treaty establishing the International Criminal Court, which prosecutes individuals for genocide, crimes against humanity, war crimes, and aggression.

Chapter VII powers

Powers of the UN Security Council to impose sanctions or authorise military action to maintain or restore international peace and security.