Legal System Foundation

Question 1

Jurisdiction

Answer 1

The official power to make legal decisions and judgements

Question 2

Justice

Answer 2

Uphold the justice of a case

Question 3

Equitable outcomes

Answer 3

Outcomes that suit all

Question 4

Rule of law

Answer 4

Nobody is above the law, it applies to all citizens

Question 5

Statute law

Answer 5

Law made by parliament that is introduced in a bill and if passed becomes an act

Question 6

Common law

Answer 6

Law made by judges in a court, using precedent- decisions made in previous cases based on cases from the past

Question 7

Legislative Arm

Answer 7

The parliament. They enact the laws.

Question 8

Executive arm

Answer 8

Exercised by the Governor General. They enforce the laws and implement policies in the country.

Question 9

Judicial Arm

Answer 9

Made up of the courts. They interpret the law.

Question 10

Residual power

Answer 10

Retained by government authority after certain powers have been delegated to other authorities.

Question 11

Concurrent power

Answer 11

powers under the Constitution that may be exercised by both the Commonwealth and the states

Question 12

Exclusive powers

Answer 12

the powers given to the federal government by the Constitution, such as defence, immigration, customs and excise duties

Question 13

Precedent

Answer 13

Judges are bound to follow interpretations of the law made by judges in higher courts, involving similar facts

Question 14

Onus of proof

Answer 14

Obligation of the prosecution to prove the case against the accused

Question 15

Standard of proof

Answer 15

Amount of proof you need to prove the accused’s guilt beyond reasonable doubt

Question 16

Balance of probabilities

Answer 16

Where the defence must prove something, it is to this level. There must be more evidence the crime was committed than not.

Question 17

Burden of proof

Answer 17

The prosecution must prove the accused is guilty

Question 18

Plaintiff

Answer 18

Person who brings the case against the other person in court

Question 19

Defendant

Answer 19

Person accused in court

Question 20

Concept of the rule of law

Answer 20

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.

Question 21

Purpose of laws in society

Answer 21

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.

Question 22

Rule vs law

Answer 22

A rule only applies to a specific group of people. A law applies to all.

Question 23

Concepts of just and equitable outcomes

Answer 23

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.

Question 24

Characteristic of an effective law

Answer 24

Known to public, acceptable in community, punishment that applies to all

Question 25

Sources of civil law

Answer 25

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.

Question 26

Relationship between common and statute law

Answer 26

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.

Question 27

Retrospective laws

Answer 27

Laws passed today that change what was legal/ illegal the day before.

Question 28

Process of statutory law making

Answer 28

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.

Question 29

Process of statutory interpretation

Answer 29

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.