Legal Studies Term 1 Flashcards
what is common law
Cases heard before the court
What is statue law
Cases that come from legislation passed by parliament
What are the exclusive powers
defence, customs, currency, external affairs
what are concurrent powers
powers that allow both state and federal government to make laws
What is section 109 in the constitution
That if there is a law that clashes, federal takes precedent
what are residual powers
leftover powers that are not mentioned in the constitution
What are the steps to pass a bill
intention, drafting, 1st reading, second reading, committee stage, third reading, royal assent
Highest court in Austrlia
High Court of Australia
Order of courts in QLD parliament
Magistrates, District, Supreme, Full Court Supreme court and Court of Criminal Appeal
what is onus proof
refers to who has the burden of proof in the court room OR who must prove the case
what is standard of proof
the level to which something needs to be proved in court
Whats the difference between civil and criminal
Civil is between two individuals or businesses whereas criminal is between community and individual
three types of jurisdiction
original jurisdiction, appellant jurisdiction and general jurisdiction
What are indictable offences heard before
Jury and judges
What are simple offences heard before
Just a judge in magistrates
