Legal Studies pt2 Flashcards
Common Law
Law made by the courts (judges); historically law common to England.
Common Law
Law made by parliment
Statue Law
A system resolving in legal conflicts, used in common law countries such as Australia and England which relies on the skill of representatives for each side (eg. defence and prosecution lawyers) who present their case to an impartial decision-maker.
Adversarial System
A legal system where the court or a part of the court (eg. the judge) is actively involved in conducting the trial and determining what questions to ask; used in some countries that have civil legal systems rather than common law systems.
Inquisitorial System
Body of law that suppliments the common law and corrects injustices by judging each case on its merits and applying principles of fairness.
Equity
A judgement that is authority for a legal principle and that serves to provide guidance for deciding cases, that have similar facts.
Precedent
“The decision stands.” the doctrine that a decision must be followed by all lower courts.
Stare Decisis (Latin)
The legal reason for a judges decision.
Ratio Decidendi (Latin)
Comments from a judge, in a case, that are not directly relevant to the case, therefore, not legally binding.
Obiter Dicta (Latin)
The powers of a court, depending on its geographic area, the type of matters that can be decided, and the type of remedies that can be sought.
Jurisdiction
The act of making statements or suggestions that cause damage to a persons’ reputation in the community (eg. Johnny Depp)
Defamation
An application to have a higher court reconsider a lower courts decision, on the basis of an error of law
Appeal
A criminal defence that can be dealt with by a single judge without a jury and does not require a preliminary hearing.
Summary Offence
A serious criminal offence that requires an indictment (a formal, written charge) and preliminary hearing - typically tried before a judge, subject to greater penalties than non-indictable offences.
Indictable Offence
Inquiry held in the Local Court/Magistrates Court, determining if there is long enough evidence against the defendant to warrant a trial.
Committal Heaing
Investigation into a death that has occured in unusual circumstances, held in the Coroner’s Court and overseen by a magistrate (called the coroner).
Coronial Inquest
Taking the other persons property with the intention of permanently depriving them of it (stealing).
Larceny
Ability or power of a court to hear appeals of the decisions of lower courts and to reject, affirm or modify those decisions.
Appellate Jurisdiction
Legislation that regulates corporations and the securities and features industry in Australia; administered by the Australian Securities and Commision (ASIC).
Corporations Law
Lower Courts
Tiers and what they deal with
Tiers: lower, intemediate, superior.
- Hear more minor matters
- Have cases heard without a jury or judge.
- Civil cases; up to $100K
- Includes the
LOCAL, CORENERS, CHILDREN, LAND AND ENVIRONMENT COURTS. (children and federal courts have the same level of power)
Intermediate Court
What they deal with
- Hear more serious matters
- Hear some appeals from lower courts
- Includes the district court
- Examples of crimes; larcney, manslaughter, sexual assult, large scale drug importation, breaking and entering, fraud, embezzelment, dangerous driving, and forgery.
- Civil cases up to $750K
Superior Courts
What they deal with
- Hear most serious matters
- Hear appeals from lower and intermediate courts
- Are the highest court in each state or territory, from which appeals can be made to the Higher Court of Australia.
- Includes Supreme Court, and the Court of Appeal.
- Civil cases; no dollar limit.
- Examples of crimes; murder, treason, piracy, kidnapping, drug-related charges.
The High Court of Australia
Where is it located?
What it deals with
- Located in Canberra, ATC
- Is the highest court in the Australian judicial system.
- Deals with appeals from federal and state supreme courts and also presides over constitutional matters.
