Introduction: Definitions and Terms Flashcards
What is a just law?
A law that allows everyone to receive fair treatment and outcomes
What is ππ°ππͺ ππ―π€π’π±π’πΉ
The presumption that a child under 10 years old cannot be held legally responsible and cannot be convicted of a crime
What is a precedent?
A previous judgement on a similar circumstance. the latin name is stare decisis
What is ratio decidendi?
The official legal reason as to why a judge came to a particular judgement.
What is the obiter dicta?
Other comments and remarks made by the judge about the conduct of the trial (not legally binding).
What is appellate jurisdiction?
The ability or power of a court to hear appeals of lower courts
What is original jurisdiction?
The ability or power of a court to hear a case in the first instance
What is a binding precedent?
Where the ratio decidendi of a higher court must be followed by a lower court
What is a persuasive precedent?
When a superior court uses the ratio decidendi of a similar case from a lower court to help make a decision
What is a plaintiff?
Someone who brings a case against another in a court of law seeking legal remedy
Another name for a minor offence
A summary offence
Another name for a serious criminal offence
An indictable offence
What are the two other names for statute law?
Acts of Parliament and legislation
What are ministers
Members of government who have special responsibilities for particular departments. They form the βcabinetβ.
What is a proposed new law and who can introduce it?
A proposed new law is known as a bill.
Bills can be introduced by non-parliamentary bodies.
What is delegated legislation? What is the name of the Act that allows this?
Legislation made by a non-parliamentary body. The βEnabling Actβ is the Act that allows delegated legislation.
What are the four types of delegated legislation?
Regulations - laws made by the governor general
Ordinances - laws made for territories
Rules - legislation made for government departments
By-laws - legislation made by local councils
What is the name of powers that can only be exercised by the federal government?
Exclusive powers
What is the name of powers held by both state and federal parliaments
concurrent powers
What is the legal power or capacity to make laws called?
legislative power
What are residual powers?
Matters on which the states can legislate on as they were not referred to in the constitution
