contemporary Australian law

Question 1

common law

Answer 1

law made by courts, law common to England

Question 2

statute law

Answer 2

law made by parliament

Question 3

adversarial system

Answer 3

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.

Question 4

inquisitorial system

Answer 4

the court, or a part of the court, is actively involved in investigating the facts of the case.

Question 5

equity

Answer 5

supplements the common law and
corrects injustices by judging each case on its merits and
applying principles of fairness

Question 6

access

Answer 6

the right or opportunity to make use of something

Question 7

anarchy

Answer 7

the absence of laws and government

Question 8

customary law

Answer 8

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.

Question 9

customs

Answer 9

collective habits or traditions that have developed in a society over a long period of time

Question 10

equality

Answer 10

the state of being equal; that is ,of having the same rights or status

Question 11

ethics

Answer 11

accepted behaviours within an orginisation

Question 12

values

Answer 12

personal and social attitudes regarding a variety of issues

Question 13

fairness

Answer 13

freedom from bias, dishonesty or injustice

Question 14

justice

Answer 14

upholding generally accepted rights and enforcing responsibilities, ensuring that equal outcomes are achieved for those involved

Question 15

law

Answer 15

legally enforceable guidelines reflective of societies morals and apply to everyone

Question 16

rules

Answer 16

are enforceable guidelines that apply to a particular group in society

Question 17

state

Answer 17

a politically independent country

Question 18

doli incapax

Answer 18

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

Question 19

ration decidendi

Answer 19

a statement by the judge about the reason for their decision. it creates a precedent that lower courts must follow.

Question 20

obiter dicta

Answer 20

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

Question 21

original jurisdiction

Answer 21

the power of a court to hear a case for the first time

Question 22

appellate jurisdiction

Answer 22

the power of a court to hear a matter on appeal from a lower court

Question 23

stare decisis

Answer 23

a Latin term, meaning ‘the decision stands’ all lower courts must follow a decision

Question 24

ultra vire

Answer 24

beyond the power of authority held by an institution, state or person

Question 25

anarchy

Answer 25

a state of chaos and disorder, resulting from the absence of law or government

Question 26

tyranny

Answer 26

a state where all power is controlled for the benefit of a small group of people