1. Intro To The Legal System Flashcards
How is judge made law comprised?
This is based on the decisions of judges made in similar previous cases. This is called common law
Where is statute law from?
From acts of parliament, federal and state government can make the laws and they are called legislation
What are the two types of law in Australia
Common and statute
What law rules out of common and legislature?
Legislature
The Australian Constitutional system of government comprises three main branches
The legislature
The executive
The judiciary
The three branches of government under the Commonwealth Constitution
Legislative
Executive
Judicial
What is delegated legislation?
When the basic outline of a legislation is decided in government but the actual writing the detailed rules of the law is delegated outside
What are the ten parts of a statute?
Act number Long title Short title Commencement date Object or purpose Definitions Sections Marginal notes Chapters, parts or divisions Schedules
What are the three types of common law?
The law declared by judges as distinct from statutory law
Common law as distinct from equity
Common law as distinct from civil law
What court has concurrent jurisdiction over bankruptcy and intellectual property matters?
The federal court
What is the usual hierarchy of state courts?
Supreme Court
District or County courts
Local and Magistrate Courts
What court has unlimited civil jurisdiction?
Supreme Court
What are the two quasi-judicial bodies, tribunals and commissions under federal legislation?
Australian Competition and Consumer Commission
Australian Competition Tribunal
What is public law?
Public law is concerning the state... Constitutional law Administrative law Criminal law Taxation law
What is private law?
Law that effects organisations or individuals... Tort law Contract law Competition law Property and trusts law Commercial law Workplace law Company and partnership law
In criminal law what is the difference between summary offences and indictable offences?
Summary offences are usually minor and determined by the magistrate
Indictable offences are triable before and judge and jury and generally more serious
What is it about a liberal democracy that means parliament is the “sovereign” lawmaker?
Parliament as elected by the people is the supreme law maker.
What is a binding precedent?
Binding precedent requires that the decision of a court in a decided case binds judges in lower courts in the SAME court hierarchy in deciding cases of a similar nature
What is the citation?
Citation: [2009] WASC 229 (as an example of a case)
What is obiter dictum?
not a binding part of precedent and are statements of law made by the judge that are of peripheral relevance to the case, eg. observations, examples or comparisons. They are statements that the judge did not really need to make to decide the particular facture issues before him/her.
What is ratio decidendi?
(the reason for deciding) is the binding part of a precedent. It is the principle of law, based upon the material facts, that caused the judge to decide the case as he or she did.
What is common law?
Judge made law
