chapter 2

Question 1

common law

Answer 1

law made by judges, they are precedents bound on all lower courts.

Question 2

ratio decidendi

Answer 2

a statement made by the judge about the reason for their decision. It creates a precedent tat lower courts must follow.

Question 3

obiter dicta

Answer 3

other statements made by judges, such as their personal opinions. these create no immediate precedents but can be used later to justify another precedent.

Question 4

persuasive precedent

Answer 4

influenced by other decisions - superior courts do not have to follow decisions made in lower courts, but may use them to help decide.

Question 5

precedent

Answer 5

provides authority, providing the lower courts with a decision maker in newer court cases. it also limits the amount of creativity the judges get when deciding.

Question 6

stare decisis

Answer 6

‘the decision stands’: the doctrine tat a decision must be followed by all lower courts

Question 7

when a precedent doesn’t have to be followed

Answer 7

if the facts or relevant points of law are significantly different from a previous case, the case may be distinguished from the earlier one and its ration decidendi will not have to be follower.

Question 8

purpose of a precedent

Answer 8

to ensure that people are treated fairly and that develop alongside society.

Question 9

contemporary Australian law has evolved from…

Answer 9

common law and statute law. developing from English laws brought over in 1788

Question 10

adversarial system

Answer 10

a system of resolving legal conflict - used in common law countries - relies on the skill of the representative for each side who present their cases to an impartial decision maker.

Question 11

inquisitorial system

Answer 11

a legal system where the court or part of the court is actively involved in conducting the trial and determining what questions to ask: used in some countries that have civil legal systems rather than common law systems.

Question 12

binding precedents

Answer 12

lower courts must follow the decisions of higher courts, whether the judge agrees with the decision made. only the Ration decidendi of the superior court is binding.

Question 13

persuasive precedent

Answer 13

superior courts do not have o follow decisions made in lower courts. they may, however, use them to help decide. using the obiter dicta of a judge in a higher court.

Question 14

the two separate jurisdiction of law

Answer 14

state and federal

Question 15

state court hierarchy

Answer 15

supreme
district
local (magistrates)

Question 16

federal court hierachy

Answer 16

federal court/family court

federal circuit court (magistrates)

Question 17

what does local court deal with

Answer 17

• minor criminal and summary offences
• civil matter with a monetary value of up to $100,000
  committal hearing
• limited range of family law matters e.g. property settlement and residence orders for children. the local court has federal jurisdiction and is essentially part of the federal court hierarchy.

Question 18

committal hearing

Answer 18

a court hearing held in the local court to decide whether there is enough evidence against the accused to trial in a higher court.

Question 19

coroners court

Answer 19

ensures suspicious deaths, fires and explosions are properly investigated.

Question 20

coronial inquest

Answer 20

an investigation into an unusual death, heald in the coroner’s court

Question 21

children’s court

Answer 21

deals with civil matters concerning the protection and care of children and youth people. criminal cases involving people under the age of 18 at the time of the offence, or under the age of 21 when charged with a crime they committed while under the age of 18

Question 22

land and environment court

Answer 22

it deals with matter related to environmental planning (e.g. zoning of parklands), environmental offences (illegal polluting or dumping) ad appeals local council ruling

Question 23

intermediate courts - district courts of NSW

Answer 23

a judge and sometimes a jury.
deals with:
- manslaughter
- assault/sexual assault
- offence relating to property e.g. robbery, breaking entering
- civil cases amount below 750,00 or larger if both parties agree
also has appellate jurisdiction

Question 24

appellate jurisdiction

Answer 24

the ability or power of a court to hear appeals of the decision of lower courts and to reject, affirm or modify those decisions

Question 25

list the criminal jurisdiction of the Supreme Court

Answer 25

• manslaughter
• murder
• attempted murder
• kidnapping

Question 26

list the civil jurisdiction of the Supreme court

Answer 26

• no upper limit of monetary damage

- personal injury, professional negligence, breach of contract, defamation and possession of land

Question 27

who usually deals with the civil matters

Answer 27

a judge will deal with the case but in few cases a jury will be used

Question 28

what superior courts can hear appeals

Answer 28

the court of appeal and the court of criminal appeal.

Question 29

why was the federal circuit court of Australia established

Answer 29

it was established to relive the federal and family courts of some caseload and reduce the cost and time required to deal with more minor federal matters

Question 30

list the federal circuit courts jurisdiction

Answer 30

• family laws and child support
• human rights
• copyright
• bankruptcy
• migration

Question 31

what is the role of the family court of Australia

Answer 31

the family courts deals with the most complex family law matters such as:

• divorce
• parenting orders
• the division of property
• spousal maintenance

Question 32

appellate jurisdiction of family court

Answer 32

it can hear appeals from a decision of a federal magistrate or a single family court judge

Question 33

what is the role of the high court

Answer 33

highest court of the Australian judicial system and deals with appeals and cases concerning the interpretation of the Australian constitution

Question 34

who can the high court hear appeals from

Answer 34

federal court of Australia, the family court of Australia and the state supreme court.

Question 35

order of appeals

Answer 35

court of appeal - court of criminal appeals
^
supreme court
^
district court
^
local court

Question 36

what is statute law also known as?

Answer 36

‘legislation’ and ‘Act of Parliament’

Question 37

which area of parliament are allowed to make laws and where is it set out

Answer 37

all areas of parliament have the power to make statute law. this is set out by the Australia constitution for state and federal parliament with respect to make laws

Question 38

bicameral

Answer 38

two houses in parliament the upper and lower house, these are also known as chambers or houses of parliament

Question 39

what is the name for the upper and lower house

Answer 39

lower - legislative assembly

upper - legislative council

Question 40

what is the name for upper lower house in federal parliament

Answer 40

lower - house of representatives

upper - senate