contemporary Australian law Flashcards
common law
law made by courts, law common to England
statute law
law made by parliament
adversarial system
used in the common law countries, two advocates represent their parties’ case before an impartial person or group (usually a judge or jury) who attempt to determine the truth and pass judgment accordingly.
inquisitorial system
the court, or a part of the court, is actively involved in investigating the facts of the case.
equity
supplements the common law and
corrects injustices by judging each case on its merits and
applying principles of fairness
access
the right or opportunity to make use of something
anarchy
the absence of laws and government
customary law
principles and procedures that have developed through general usage according to the customs of a people or nation; or groups of nations, and are treated as obligations.
customs
collective habits or traditions that have developed in a society over a long period of time
equality
the state of being equal; that is ,of having the same rights or status
ethics
accepted behaviours within an orginisation
values
personal and social attitudes regarding a variety of issues
fairness
freedom from bias, dishonesty or injustice
justice
upholding generally accepted rights and enforcing responsibilities, ensuring that equal outcomes are achieved for those involved
law
legally enforceable guidelines reflective of societies morals and apply to everyone
rules
are enforceable guidelines that apply to a particular group in society
state
a politically independent country
doli incapax
children under the age of 10 can’t be held regally responsible for there actions and cant be guilty of a criminal or civil offence
ration decidendi
a statement by the judge about the reason for their decision. it creates a precedent that lower courts must follow.
obiter dicta
other statements made by judges, such as their personal opinions. these create no immediate precedent but can be used later to justify another precedent
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 matter on appeal from a lower court
stare decisis
a Latin term, meaning ‘the decision stands’ all lower courts must follow a decision
ultra vire
beyond the power of authority held by an institution, state or person
