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Legal Studies > Contempoary Australian Law > Flashcards

Contempoary Australian Law Flashcards

1
Q

System of precedent

A

A judgement made by a court that establishes a point of law and serves to provide guidance for deciding cases that have similar facts

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2
Q

Cross examination

A

Barrister has the opportunity to test the evidence of the opposing side by questioning their witness

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3
Q

Common law system

A

Made by judges
The rules are derived in part from specific court rulings
Adversarial

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4
Q

Equity

A

Rules of equity always override common law
The body of law that supplements the common law and corrects in justice by judging each case on its merits and applying principles of fairness

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5
Q

Precedent developed by

A

A decision made by a judge in a court of common law

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6
Q

Types of courts in order

A 
Local 
District 
Supreme 
Criminal court of appeal 
High
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7
Q

Jurisdiction

A 
Powers of the court 
Authorities of the court 
Based geographically
Seriousness of case
Type of case- criminal family etc
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8
Q

Civil law

A

Protect individual rights

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9
Q

Criminal law

A

Protect society

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10
Q

Local court

A

Summary offences

Magistrate

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11
Q

Children’s court

A 
Any matter, indictable or summary 
U18
Magistrate 
Closed court- no public 
Degree of crime may be heard in Supreme Court
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12
Q

Coroners court

A

Any suspicious death
Fire damaged property
Coroner- officer
If needed sent to a higher court for trial

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13
Q

Drug court

A

Non violent drug related crimes
Offender must plead guilty to drug use
Aim is to send them to drug rehabilitation program

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14
Q

District court

A

All indictable offences (not murder, attempted murder, serious sexual assaults)
Appeals from local court
Judge+jury officer

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15
Q

Supreme Court

A

Serious indictable offences (murder, treason)

Single judge

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16
Q

Court of criminal appeal

A

Single judge from Supreme Court

Three judges

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17
Q

High court

A

No original jurisdiction
Hears appeals from court of criminal appeal
No automatic right of appeal
Final court of appeal

18
Q

Federal court system

top to bottom

A

Full court of high court:
Determined disputes on constitutional matter

High court:
Cases brought by or against federal government
Cases between states or residents of different states

Full court of federal court:
Appeals from single judge of federal court
Same level as above..,,,,,,,…
Full court of family court:
Appeals from single judge of family court

Federal court:
Involving trade, industry, bank ruptcy
In capital cities of each state
On same level as above.............
Family court of Australia:
Involving dissolution of marriage and children of marriage
19
Q

Appeals

A

From a courts decision must be made to a higher court

20
Q

Civil case procedure

A
  1. Plaintiff claim= pleadings
  2. Defence counter claim
  3. Discovery- parties can obtain more information about each other’s arguments
  4. Resolution
  5. Trial jury and judge (cross examination)
  6. Compensation or damages in junction order

Eg Monica Samaan ill after eating off in acoma for 6months wanted money

21
Q

Criminal case procedure

A
  1. Types of offences
    - nature of offence (summary,indictable)
    - where is it heard? Local, supreme etc
    - by whom? Magistrate, judge
    - how punished? Fine, jail, good behav
  2. Team who defends the accused to get off charge
  3. Hearing to commit you to court process
  4. Jury receives the closing address from each side
    - judge sums up case
    - jury decides guilty or not
22
Q

Role and stuttered of parliament

A

Body of elected representatives
Debates proposed legislation, passes or rejects it and amends legislation
Upper and lower houses

23
Q

Delegated legislation

A

Made by non parliament bodies
Involves less important laws- passed by local councils
Body that makes delegated legislation is ‘enabling act’

24
Q

Examples of delegated legislation

A

Regulations- laws made by local council, State gov etc
Ordinances- laws made from Australian territories
Rules- legislations made for gov departments
By-laws: laws made by local councils

25
Q

Division of powers

A

Legislative, executive and judicial Powers are divided b/w States and the federal gov

26
Q

Separation of powers

A

Power is distributed b/a the three arms of gov, b/w the legislature, the executive and the judiciary

27
Q

Judiciary

A

The courts interpret and apply the law

28
Q

Legislative

A

Law makers

29
Q

Executive

A

Ministers and gov departments who administer the law

30
Q

Constitution

A

Set of rules that may apply to a social club, a large scale organisation or even a nation

31
Q

ATSI customary laws characteristics

A

Divers nature: groups have their own variations of customary law
Spiritual basis: the dreaming- how the land animals plants and sky were created
- loosing land that belonged to a group is like loosing the groups culture and history
Ritual and oral traditions: most laws relate to marriage child- resting religion family and kinship
Laws passed from generation to generation by word of mouth
Enforcement and sanctions: Order is maintained through self- regulation and consensus among family heads
Elders helps guide revisions related to enforcing the law

32
Q

Customary law

A

Principles and procedures that have developed through general usage according to the customs of a people or nation or groups of nation

33
Q

Domestic law

A

System of law which operates within one country

34
Q

International law

A

System which governs relationships b/w countries

35
Q

Organisations in international law

A

UN
Courts and tribunals
Intergovernmental organisations
NGOs

36
Q

Role of organisations in international law:

UN

A

‘Maintain global peace and security’

Friendly relations among nations based on respect for equal rights and each nations right to govern its own political economic and social development

37
Q

Role of organisations in international law:

Courts and tribunals

A

Settles disputes suited to it by states and gives advisory opinions on legal questions

38
Q

Role of organisations in international law:

Intergovernmental organisations

A

Organised groups of nation- state
Established to pursue mutual interests in a wide variety of areas
(world labour organisation)

39
Q

Role of organisations in international law: NGOs

A

Associations based on common interests and aims
Make contributions in a wide range of area, from world peace, disaster relief and environmental protection and promoting education and alleriating property

40
Q

Civil law system

A

A codified system that uses a set of rules that are applied and interpreted by judges
Inquisitorial

41
Q

Adversarial system

A

Relates to the way evidence is presented to the court

Legal Studies (4 decks)

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