Glossary Flashcards
What is the adversarial system?
System in which 2 opposing parties present their arguments to a magistrate or judge.
What is a committal hearing?
A hearing in a local court to decide whether there is enough evidence to put a person on trial for a serious offence.
What is the constitution?
A document which sets out how a body or country will be governed
What is a precedent?
A previous legal decision that services as a rule or pattern in future cases.
What is customary law?
Principles and procedures that have developed during to customs of a people or nation
What is a bilateral treaty?
A formal agreement between 2 states
What is a multilateral treaty?
A formal agreement between 3 or more states
What is a convention?
A treaty which is agreed to and proclaimed by a large number of nations
What is jus cogens?
A principle of international law that may not be contradicted by any nation. Any treaty which goes against a customary international law is jus cogens and declared invalid.
What is hard law?
Law which is written down in treaties and is established by international custom
What is soft law?
Also known as pre-law and stems from the difficult nature of deciding international law.
What does onus mean?
The responsibility for proving the defendant guilty
