Legal Studies pt2

Question 1

Law made by the courts (judges); historically law common to England.

Answer 1

Common Law

Question 2

Law made by parliment

Answer 2

Statue Law

Question 3

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.

Answer 3

Adversarial System

Question 4

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.

Answer 4

Inquisitorial System

Question 5

Body of law that suppliments the common law and corrects injustices by judging each case on its merits and applying principles of fairness.

Answer 5

Equity

Question 6

A judgement that is authority for a legal principle and that serves to provide guidance for deciding cases, that have similar facts.

Answer 6

Precedent

Question 7

“The decision stands.” the doctrine that a decision must be followed by all lower courts.

Answer 7

Stare Decisis (Latin)

Question 8

The legal reason for a judges decision.

Answer 8

Ratio Decidendi (Latin)

Question 9

Comments from a judge, in a case, that are not directly relevant to the case, therefore, not legally binding.

Answer 9

Obiter Dicta (Latin)

Question 10

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.

Answer 10

Jurisdiction

Question 11

The act of making statements or suggestions that cause damage to a persons’ reputation in the community (eg. Johnny Depp)

Answer 11

Defamation

Question 12

An application to have a higher court reconsider a lower courts decision, on the basis of an error of law

Answer 12

Appeal

Question 13

A criminal defence that can be dealt with by a single judge without a jury and does not require a preliminary hearing.

Answer 13

Summary Offence

Question 14

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.

Answer 14

Indictable Offence

Question 15

Inquiry held in the Local Court/Magistrates Court, determining if there is long enough evidence against the defendant to warrant a trial.

Answer 15

Committal Heaing

Question 16

Investigation into a death that has occured in unusual circumstances, held in the Coroner’s Court and overseen by a magistrate (called the coroner).

Answer 16

Coronial Inquest

Question 17

Taking the other persons property with the intention of permanently depriving them of it (stealing).

Answer 17

Larceny

Question 18

Ability or power of a court to hear appeals of the decisions of lower courts and to reject, affirm or modify those decisions.

Answer 18

Appellate Jurisdiction

Question 19

Legislation that regulates corporations and the securities and features industry in Australia; administered by the Australian Securities and Commision (ASIC).

Answer 19

Corporations Law

Question 20

Lower Courts
Tiers and what they deal with

Answer 20

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)

Question 21

Intermediate Court
What they deal with

Answer 21

• 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

Question 22

Superior Courts
What they deal with

Answer 22

• 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.

Question 23

The High Court of Australia
Where is it located?
What it deals with

Answer 23

• 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.