Legal Studies Assessment 1 Flashcards
Common Law
Body of law created by judges
Statute law
law made by parliament. (main source), new laws are bills
Adversarial system
a competitive process between prosecution and defence to determine the facts.
Inquisitorial system
get the truth of the matter through extensive investigation and examination of all evidence.
ethics
refers to the rules that a social system provides us with
morals
our own principles
the separation of law
Judiciary that makes the judgment
legislative, judiciary, executive
tyranny
when the government has too much power.
anarchy
the absence of laws and government.
Persuasive precedent
has to be same level of court for e.g if there is a similar case that is being heard in the supreme court of NSW and the current case is being heard in the supreme court of VIC
No precedent
similar case is heard in the local court of NSW and the current case is being heard in the supreme court of VIC
Jurisdiction
power to deal with a criminal or civil matter. Depends on the geographic area, type
Section 51
constitution sets out the legislative powers of the parliament
Section 109
constitution sets out that if the state law is ever inconsistent with the commonwealth, the high level, which would be the commonwealth, will be right and the state will be invalid.
Exclusive powers
only the things that the commonwealth can make laws about
Concurrent powers
the things that both the commonwealth and the state can make laws about
Residual powers
things that ONLY the states can make laws about.
Separation of powers
Legislative
→ the parliament - make laws
Executive
→ ministers/department - imploment the laws; to put the laws into action.
Judiciary
→ courts - Interpret the law
Division of powers
The division of power to make laws between the commonwealth and the state
Federal Parliament/State Parliament
Original Jurisdiction
when a court first hears a case
Referendum
A nation-wide vote to amend the Constitution
(changing constitution)
Universal laws mean
They apply constantly and consistently
Enabling act
Act granting power to subordinate bodies to make legislation
(lower bodies)
Binding precedent
Decision made by higher court that must be followed by lower court with similiar case
Bicameral
two legislative systems
Role of senate
To represent the interests of the state and territories
How is governor general appointed
by the King on the advice of the Prime Minister.
delegated legislation
legislation made not directly by an Act of the Parliament, but under the authority of an Act of the Parliament
role of house of representatives
To introduce new laws and make amendments to existing laws
summary matter
minor offence
law
It means that the law applies to everyone, and the rule of law can also support the human rights
origin of common law
It began in England in the 11th century with the establishment by William the Conqueror, King of England, of the Kings Courts
state sovereignty
a state can generally control all activities within territory over which it has sovereignty.
international punishment
international law is not preoccupied with deterrence: it doesn’t seek to punish states for their alleged misdemeanors as a warning to other states. unlike domestic
terra nullius
refers to no one’s land
