Legal System Foundation Flashcards
Jurisdiction
The official power to make legal decisions and judgements
Justice
Uphold the justice of a case
Equitable outcomes
Outcomes that suit all
Rule of law
Nobody is above the law, it applies to all citizens
Statute law
Law made by parliament that is introduced in a bill and if passed becomes an act
Common law
Law made by judges in a court, using precedent- decisions made in previous cases based on cases from the past
Legislative Arm
The parliament. They enact the laws.
Executive arm
Exercised by the Governor General. They enforce the laws and implement policies in the country.
Judicial Arm
Made up of the courts. They interpret the law.
Residual power
Retained by government authority after certain powers have been delegated to other authorities.
Concurrent power
powers under the Constitution that may be exercised by both the Commonwealth and the states
Exclusive powers
the powers given to the federal government by the Constitution, such as defence, immigration, customs and excise duties
Precedent
Judges are bound to follow interpretations of the law made by judges in higher courts, involving similar facts
Onus of proof
Obligation of the prosecution to prove the case against the accused
Standard of proof
Amount of proof you need to prove the accused’s guilt beyond reasonable doubt
Balance of probabilities
Where the defence must prove something, it is to this level. There must be more evidence the crime was committed than not.
Burden of proof
The prosecution must prove the accused is guilty
Plaintiff
Person who brings the case against the other person in court
Defendant
Person accused in court
Concept of the rule of law
Idea that citizens and governments know the law and are equally governed by them. Examples include fair trials, onus of proof, balance of probabilities and power of the arms, retrospective laws etc.
Purpose of laws in society
To protect everyone and maintain social cohesion. Ensure everyone is accountable for their actions and everyone is equally punished for their actions. It allows for a universal form of equality of what is expected of each person.
Rule vs law
A rule only applies to a specific group of people. A law applies to all.
Concepts of just and equitable outcomes
To suitably reflect the relevant circumstances of the parties, including current division of assets, contributions and future needs, when determining how the assets of a relationship are to be divided upon its breakdown.
Characteristic of an effective law
Known to public, acceptable in community, punishment that applies to all
Sources of civil law
Laws are based on common and statute law. Common law is developed and constantly changing based on judges decisions handed down over years. Laws are also made by parliament, and are referred to as statute law. Parliaments have the power to make new laws, replace existing common law, and amend existing laws.
Relationship between common and statute law
The courts must interpret legislation made by the parliament which connects the two sources of law. The Acts Interpretation Act 1954 (QLD) outlines a set of rules or procedures for judges to follow.
Retrospective laws
Laws passed today that change what was legal/ illegal the day before.
Process of statutory law making
To create new laws a Bill (a draft Act) is debated in parliament. If it is passed by a majority in both houses of parliament it is sent to the governor for formal approval. After approval it becomes an Act. Approval by the governor is called royal assent.
Process of statutory interpretation
To ensure these just and equitable outcomes for all citizens, it is the role of judges and magistrates to interpret statute. To do this consistently and to resolve questions of interpretation, in Queensland judicial officers refer to the Acts Interpretation Act 1954 (Qld). This process, called statutory interpretation, is used by judges and magistrates in court to interpret and apply the legislation, deciding how a particular law will apply to a particular case.
