Introduction To Law Flashcards
What is Common Law?
Judge or Case Made Law - Supplements Statute Law and creates some offences such as Larceny
What Courts are included in the Local Court?
Childrens Court & Coroners Court
What is Precedent?
The obligation of every court to loyally follow decisions of a superior Court. Absolutely binds a Judge to follow.
What case is referenced for precedent?
Proctor v Jetway Aviation Pty Ltd
What is the Doctrine of Precent?
Like cases ought to be decided alike. Gives stability to the justice system.
What are the 4 kinds of precent?
- Original
- Declaratory
- Authoritative
- Persuasive
What is Original Precent
Those that create and apply a new rule
What is Declaratory precedents?
Those which suggest application of already existing law
What is Authoritative Precedents?
Those which are binding and must be followed
What is persuasive precedents?
Need not be followed but are worthy of consideration.
What application do cases in the District Court have on the local court?
Persuasive but not binding.
What do Supreme Court cases require from lower court cases?
Binding on inferior jurisdictions within that state and persuasive for other states. Does not bind itself
Must decisions of the High Court be followed by lower Courts?
Binding on all lower Courts in Australia but not binding on itself.
What is Ratio Decidendi?
It is the binding precedent for future cases on the same issue
What is the orbiter dictum?
A judges opinion about an issue which is not at the core of the dispute in the case. It is persuasive precedent.
What is statute?
Acts enacted by Parliament. Where there is a conflict between statute and case law you must follow the statute. If conflict between state and commonwealth, follow commonwealth.
What is the case of Meller v Low about?
S 60 of the Crimes Act and whether a police officer must show evidence of being intimidated for the charge to succeed.
What is the case of R v Manton?
This expanded further on the intimidation offence and established that it must be within the Course of duties.
Is Manton v R or Mellor v Low to be followed?
Meller v Low took place in NSWSC and Manton v R in the NSWCCA. Therefore Manton should be followed as it was a superior Court.
What Act and what year did Australia no longer have a right to appeal to the Privy Council?
The Australian Acts 1986
