Introduction: Definitions and Terms Flashcards

1
Q

What is a just law?

A

A law that allows everyone to receive fair treatment and outcomes

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2
Q

What is π˜‹π˜°π˜­π˜ͺ 𝘐𝘯𝘀𝘒𝘱𝘒𝘹

A

The presumption that a child under 10 years old cannot be held legally responsible and cannot be convicted of a crime

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3
Q

What is a precedent?

A

A previous judgement on a similar circumstance. the latin name is stare decisis

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4
Q

What is ratio decidendi?

A

The official legal reason as to why a judge came to a particular judgement.

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5
Q

What is the obiter dicta?

A

Other comments and remarks made by the judge about the conduct of the trial (not legally binding).

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6
Q

What is appellate jurisdiction?

A

The ability or power of a court to hear appeals of lower courts

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7
Q

What is original jurisdiction?

A

The ability or power of a court to hear a case in the first instance

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8
Q

What is a binding precedent?

A

Where the ratio decidendi of a higher court must be followed by a lower court

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9
Q

What is a persuasive precedent?

A

When a superior court uses the ratio decidendi of a similar case from a lower court to help make a decision

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10
Q

What is a plaintiff?

A

Someone who brings a case against another in a court of law seeking legal remedy

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11
Q

Another name for a minor offence

A

A summary offence

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12
Q

Another name for a serious criminal offence

A

An indictable offence

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13
Q

What are the two other names for statute law?

A

Acts of Parliament and legislation

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14
Q

What are ministers

A

Members of government who have special responsibilities for particular departments. They form the β€˜cabinet’.

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15
Q

What is a proposed new law and who can introduce it?

A

A proposed new law is known as a bill.

Bills can be introduced by non-parliamentary bodies.

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16
Q

What is delegated legislation? What is the name of the Act that allows this?

A

Legislation made by a non-parliamentary body. The β€˜Enabling Act’ is the Act that allows delegated legislation.

17
Q

What are the four types of delegated legislation?

A

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

18
Q

What is the name of powers that can only be exercised by the federal government?

A

Exclusive powers

19
Q

What is the name of powers held by both state and federal parliaments

A

concurrent powers

20
Q

What is the legal power or capacity to make laws called?

A

legislative power

21
Q

What are residual powers?

A

Matters on which the states can legislate on as they were not referred to in the constitution