Commerce - Australia's Legal System Flashcards
Rule
Guidelines created by members of a group so they can work together in harmony
Law
Formal rule made to govern behaviours so society can live in harmony
Statute
Law made by parliament (legislation/Acts of Parliament)
Common Law
Unwritten laws based on legal precedents made by courts
Civil Case
Legal dispute between individuals/groups over breach of rights
Criminal Case
- Individual accused of committing an illegal act harming individuals/society
- Government takes it to court
Original Jurisdiction
The power of a court to hear a case for the first time
Appellate Jurisdiction
The power of a court to hear a case on appeal
Aggravating Factor
Details about offence/offender that increase severity of sentence
Mitigating Factor
Details about offence/offender that reduce severity of sentence
Fairness
Principle:
- Fair processes and fair hearings
- Parties have opportunity to know the facts
- Can present their side
- Pre-hearing and hearing should be fair/impartial
Equality
Principle:
- Equal before law and equal opportunity to present case
- Provides people at a disadvantage with additional help to ensure equality
- Doesn’t mean everyone is treated the same
Access
All people should be able to understand their legal rights and pursue their case
Burden of Proof
An obligation for a party to prove a case, usually resting with the prosecution
Standard of Proof
The extent to which a case must be proved
Presumption of Innocence
The right that one accused of a crime is presumed/treated as innocent until proven guilty
Jury
Independent group of people chosen at random to decide on a verdict in a case
Magistrate
The person who presides over Lower Court proceedings (particularly Magistrates’ Court)
Judge
The person who presides over Higher Court proceedings (particularly Country and Supreme Court)
