Australia's Judiciary Flashcards
The Role of the Judiciary
The role of the judiciary is to apply the law without bias and without fear of retribution or losing their job.
Judiciary should treat all parties to a case the same,
regardless of their job, wealth, power, status.
This ensures the judiciary is meeting the rule of law
through equality before the law and being independent
(in theory, free from the influence of wealth or power).
Adversarial Trial System
A legal system based on the principle that justice is best served by allowing competing parties to present their arguments to an impartial judge.
Used in common law countries.
Common law system
Common law is a body of unwritten laws based on legal precedents established by the courts. Common law influences the decision-making process in unusual cases where the outcome cannot be determined based on existing statutes or written rules of law.
Doctrine of precedent
The method by which common law is made by judges in court. It is based on the principle of stare decisis (to stand by the previous decision)
