Legal Studies - Key Terms Flashcards
Describe Jurisdiction using legal Terminology
Courts are organised into a hierarchy that gives each court the power to hear and decide different types of cases, called a jurisdiction.
What are the two types of Jurisdiction
Original Jurisdiction and Appellant Jurisdiction
Who Makes the Law
Parliament (Legislature)
Who Interprets the Law
Judiciary
Who enforces the Law
Executive through government agencies
Describe Code using legal Terminology
A collection of laws or statutes
Describe Equitable outcome using legal Terminology
A result which is an acceptable balance between rule of law and the rights and freedoms of individuals
Describe Rule of Law using legal Terminology
Doctrine that all people are equal before the law, Government is subject to the law. ‘Nobody is above the law’
Describe Crime using legal Terminology
Acts that violates the law, punishable by state
Describe Statute Law using legal Terminology
Also known as parliament made law or legislation. Law created and passed by a legislative bod.
Describe Common Law using legal Terminology
Judge made law or precedent, body of law based on judicial decision thats been developed over time.
Describe Customary Law using legal Terminology
Practices and systems developed by First Nations People, which regulate their behaviour towards each other and their land.
Describe Onus/Burden of Proof using legal terminology
Onus refers to the responsibility of a party to prove their case (prosecutor). Beyond reasonable doubt
Describe Standard of Proof using legal terminology
Proving your case to a certain point. ‘Beyond a reasonable doubt’
Describe Legislative using legal terminology
Parliament, makes, amends and repeals the statute law
Describe Executive using legal terminology
Put’s law into action through government agencies
Describe Judicial using legal terminology
Interprets law when making a decision in court.
What are the divisions of powers?
- Exclusive - defense
- Concurrent - taxation
- Residual - Education
Describe Constitution using legal terminology
Commonwealth of Australia Constitution Act 1901. Set of rules that specify powers, responsibility’s and roles of a governing body.
Meaning of ‘Doctrine of Precedent’
Process whereby judges follow decisions made by a superior court. (higher court) where facts are similar.
Meaning of ‘Adversarial System’
- Each party is in control of their own case
- Impartial decision makler, jury
- Followed by Australia, New Zealand, USA, England, Canada
Meaning of ‘Inquisitorial System’
A panel of judges who have different roles. Judge also works closer with the prosecutor, Boundaries between prosecution and judiciary are not clear, or as distinct to Adversarial.
What are the Separation of Powers
Legislative - Makes law
Executive - Enforces Law
Judiciary - Interprets Law
