AOS 1 Flashcards
Sue
Taking civil action against another.
Persuasive Precedent
- Legal reasoning for a decision of a lower (or equal) court within the same jurisdiction,
- May be considered relevant (and therefore used as a source of influence) even though it is not binding.
Supremecy of Parliment
Final law-making power rests with parliment which can repeal and amends its own statue and pass legislation to override common law.
Equality
All people being equal is status, rights or opportunities.
Family Law
- Marriage,
- Divorce,
- Adoption,
- De facto relationships.
Tort
- A term that literally means ‘wrong’, (French)
- A wrong that interferes with a person’s legally protected interests.
Doctrine of Precedent
- Common law principle
- Reasons for the decisions of higher courts are binding on courts ranked lower in the same hierarchy in cases where the material facts are similar.
Crime
An act of omission that is:
- Against an existing law an existing law
- Harmful to an individual or to society as a whole
- Punishable by law.
Statute Law
Law made by parliment: also known as Acts of Parliment or legislation.
Types of Law
What area the law covers (Criminal or Civil).
Conviction
- When an offender has been found guilty
- The court records a guilty verdict
- In some instances, a court decides not to record a conviction so the offender does not have a criminal record.
Statutory Interpretation
- Judges give meaning to the words or phrases in an Act of Parliament
- Can be applied to resolve a case before the court.
Known
People are aware of any changes to the law.
Sanction
A penalty imposed by a court on a person guilty of a criminal offence.
Introduction and First Reading
The bill is introduced to the first house (usually the lower house).
Prosecution, the Crown, the State
The party bringing the case on behalf of the state.
Understandable
Able to be read and comprehendable be the average citizen.
Defendant
(In civil disputes) A party who is alleged to have breached a civil law and who is being sued by the plaintiff.
Avoidng Precedent
R.O.D.D.
Stare decisis
- A Latin term meaning ‘let the decision stand’,
- Legal reasoning behind precedent.
Charge
When police formally allege that a person has committed a crime.
Appeal
An application to have a higher court review a ruling made by a lower court.
Third Reading
The bill is voted in its final form.
Compensation
What the plaintiff seeks.
What are the Characteristics of an Effective Law
- Laws must reflect society’s values,
- Laws must be enforceable,
- Laws must be known,
- Laws must be clear and understood,
- Laws must be stable.
Sources of Law
Who makes the law (Courts or Parliament).
Abrogate (abrogation)
To cancel or abolish a court-made law by passing an Act of Parliment.
Compensation Order
- An order made by a court
- Offender pays money to a person who has suffered less damage as a result of offences.
Binding Precedent
- Legal reasoning for a decision of a higher court
- Must be followed by a lower court in the same jurisdiction in cases where the material facts are similar.
Civil wrong
A tort
Proclamation
the Act comes into operation.
Enforcable
Able to be imposed so that it is complied with.
Jurisdiction
The boundaries of power a particular court or organisation has to hear and determine disputes or deal with particular types of issues.
Industrial and workplace law
- Occupational health and safety,
- Working conditions,
- Work contracts,
- Workplace agreements,
- Union disputes.
Fairness
Treatment of behaviour without favouritism or discrimination, free from bias or injustice.
Access
The right or ability to enter or make use of something.
Defamation
- A civil law,
- A person can claim their reputation has been damaged.
Royal Assent
The Governor General (federal) or the Governor (state) approves the bill before it becomes law.
Appellate Jurisdiction
- Power to review a decision made the first time a dispute was heard and resolved,
- Hear the dispute or an aspect of it another time.
Ratio Decidendi
-Latin term meaning ‘the reason’;
- Legal reasoning behind a judge’s decision.
- Forms the binding part of the precedent.
Second Reading
- The purpose of the bill is explained and it is debated and voted on.
- In Victoria, the bill is considered with respect to its compatibility with the Victorian Human Rights Charter.
Committee Stage/Consideration in detail
- Bill is considered in detail, clause by clause.
- Amendments are most likely to occur at this stage.
Property Laws
- Wills,
- Planning laws,
- Real estate purchases.
Secondary Legislation
- Rules and regulations made by secondary authorities (eg local councils, government departments and statutory authorities) that are given the power to do so by parliament
- Also called delegated legislation
R.O.D.D.
- Reversing prevision precedent/decision (same case on appeal).
- Overruling (different case).
- Distinguishing (material or central facts sufficiently differently).
- Disapproving (‘obiter dictum’ persuasive in future cases).
Crimes against morality
- Street prostitution,
- Use of illegal drugs.
Court Hierachy
- Order of which courts in Victoria,
- Based on the seriousness of the disputes heard and the formality of the courts.
Crimes against the state
Teason.
Abrogation of common law
- Parliament, as the supreme law-making body, can change or override (ie abrogate) common law.
- Parliament abrogates common law by passing an Act of Parliament that specifically abolishes the particular common law principle.
Grounds
Reasons acceptable to the court that justify an appeal taking place.
Sanction
The penalty handed down by the court.
Suspect
the person who is suspected of having committed a crime.
Civil Law
- An area of law
- Defines the rights and responsibilities of individuals, groups and organisations in society
- Regulates private disputes
Stable
Able or likely to continue or last.
Crimes against property
Theft, property damage, robbery, deception.
Damages
- An amount of money that the court (of tribunal) orders one party to pay another party.
- The most common remedy in a civil claim.
Federal
Refers to courts that have the power to hear matters that arise under laws that cover the whole of Australia.
Consumer Laws
Tenancy agreements, sale of goods, advertising laws.
Plaintiff
The person bringing the civil dispute.
Codification of common law
Common law is codified or put into a statute.
Crimes against the person
Assault, rape, manslaughter, murder.
Society’s values
The generally recognised and accepted principles and standards that guide people’s behaviours and actions.
Ability of Courts to influence Parliment
- Courts can also influence changes in the law made by parliament through the comments judges made during court cases.
- For example, they may indicate in a judgement that they think a law should be changed by parliament.
State
Refers to the states of Australia, for example, Victoria.
Guilt or not guilty
The person can be found guilty or not guilty
Stages of a bill through Parliament
- Introduction and First Reading,
- Second Reading,
- Committee stage/Consideration in detail,
- Third Reading,
- The Bill Passes the First House,
- The same procedure, in the second house,
- Royal assent,
- Proclamation,
- The Act becomes law.
Principle of Justice
The fundamental or basic ideas and values that try to promote just treatment and outcomes in our legal system.
Accused
The person who has been charged with an offence.
Tort Law
Negligence, trespass, nuisance, defamation.
Criminal law
An area of the law that defines behaviours and conducts that are prohibited and outlines sanctions for people who commit them.
Common Law
- Law made by judges through decisions made in cases. - Also known as case law or judge-made law
Remedy
- Any order made by a court that is designed to address a civil wrong or breach.
- Should provide a legal solution for the plaintiff for a breach of civil law by the defendant.
- Restore the plaintiff to their position before they were wronged or their rights were breached.
Obiter Dictum
- A Latin term meaning ‘by the way’
- Comments made by the judge in a particular case that may be persuasive in future cases.
Precedent
- A principle established that is followed by the courts in cases where the material facts are similar.
- Precedents can either be binding or persuasive.
Negligence
A civil law (also a criminal law) under which a person can claim that they have been injured as a result of someone acting negligently towards them.
Crimes against the legal system
Perjury, contempt of court.
Codify (codification)
To collect all law into one topic together into a single statute.
Original Jurisdiction
The power to hear a particular dispute for the first time.
Plaintiff
A party who makes a legal claim against another party in court.
Private Member’s Bill
A bill introduced into parliment by a member of parliment who is not a government minister.
What are the Principles of Justice?
Fairness, Equality, Access.
