Legal Studies Term 1

Question 1

What is the term given to the situation whereby both federal and state parliaments can legislate on the same matter ?

Answer 1

Concurrent

Question 2

When cases are heard for the first time, in a court this is what type of jurisdiction?

Answer 2

Original

Question 3

What court can hear constitutional matters?

Answer 3

High court

Question 4

What QLD court does not have appellate jurisdiction ?

Answer 4

Magistrates court as it is at the bottom of the hierarchy

Question 5

What are the names of the houses in federal parliament ?

Answer 5

House of Representatives senate

Question 6

What is binding precedent

Answer 6

Court must follow

Question 7

What is persuasive precedent

Answer 7

Court may follow

Question 8

Beyond reasonable doubt

Answer 8

Standard of proof in criminal court hearing that judge or jury must be satisfied with before conviction

Question 9

Balance of probabilities

Answer 9

Standard of proof in civil hearing that judge or jury must be satisfied with before deciding in favour of the plaintiff

Question 10

Criminal case

Answer 10

A case brought by the government against a citizen who is being charged for a criminal offence

Question 11

Civil case

Answer 11

A case involving 2 individuals companies or organisations to try to obtain compensation or other remedies for wrong doings

Question 12

Difference between courts and tribunals

Answer 12

Courts: conducted by lawyers
Encourage legal representation
Formal

Tribunal: less insistent
Informal

Question 13

Court hierarchy

Answer 13

High court

Court of appeal

Supreme Court

• federal: more than 750000
• family: divorce, child access

District

• criminal- rape, armed robbery, fraud
• civil- more than 150000 less 750000

Magistrates

• criminal-minor offences, traffic, theft
• civil-less than 150000

Question 14

An effective law should be

Answer 14

Clear, apply equally to all, enforceable, acceptable to citizens

Question 15

How is statue law made?

Answer 15

• Public service draft law
• minister presents to house of rep
• 3 readings occur
• goes to senate
• 3 readings occur
• governor General approved
• is sent for royal assent to inform the queen

Question 16

What is the role of the judicial precedent

Answer 16

Judges are obliged to follow decision of earlier cases in high court when circumstances are the same.

Question 17

Process of mediation ?

Answer 17

• mediator makes opening statement, the goal
• both parties gives views
• mediator summarises
• options are explored
• mediator has private meeting with both parties
• if agreement, sign and are given copies

Question 18

Onus of proof for civil case

Answer 18

Proof falls on plaintiff, defendants must prove any claims made in their own defence other than a denial

Question 19

Onus of proof for criminal case

Answer 19

Prosecution must establish the guilt of accused by providing evidence.