Legal Terminology Flashcards
What is jurisdiction?
The legal authority of a court or government to make and enforce laws, based on geography or subject matter.
E.g., the High Court has jurisdiction over constitutional matters.
What does the Criminal Code outline?
A set of laws outlining criminal offences and penalties, with federal and state versions.
E.g., the Criminal Code Act 1995 (Cth) applies federally.
Define justice in a legal context.
The fair and impartial application of laws to ensure equality and rights are upheld.
E.g., courts ensure justice by considering evidence before convicting a person.
What is the rule of law?
The principle that all individuals and institutions are subject to the law, ensuring fairness and accountability.
E.g., government actions must comply with legal procedures.
What is statute law?
Laws created by parliament, also called legislation, that override common law.
E.g., the Fair Work Act 2009 (Cth) governs employment rights.
Describe the process of statutory law-making.
In Queensland, laws are made by the state government. A new law starts as a bill, which is a proposal for a law. Most bills are introduced by government ministers, but other politicians or committees can also propose them. The bill goes through several steps: First Reading (it is introduced), Second Reading (politicians debate whether it is a good idea), Committee Stage (experts and politicians review it in detail and suggest changes), and Third Reading (a final vote is taken). If most politicians agree, the bill is sent to the Governor, who gives Royal Assent, making it an official law. Unlike other states, Queensland only has one house of parliament, meaning laws are passed faster but with less review.
E.g., the Marriage Amendment Act 2017 legalised same-sex marriage.
What is common law?
Law developed by courts through judicial decisions rather than legislation, filling gaps in statute law.
E.g., Donoghue v Stevenson (1932) established negligence principles.
Explain the doctrine of precedent.
Courts follow previous decisions (precedents) to ensure consistency in the law, requiring lower courts to follow higher court rulings.
E.g., the Mabo case set a precedent for native title claims.
What is customary law?
Traditional laws followed by Indigenous communities based on customs, traditions, and kinship.
E.g., some Aboriginal communities use customary law for conflict resolution.
What does ‘onus of proof’ mean in criminal law?
The responsibility of proving a case, with the prosecution needing to prove guilt beyond a reasonable doubt.
Define the standard of proof in criminal cases.
The level of certainty required for a conviction: ‘beyond a reasonable doubt.’
What is the separation of powers doctrine?
Divides government power into three branches: legislative (makes laws), executive (implements laws), and judicial (interprets laws). This prevents each branch from exceeding there powers causing corruptness and thus protects indidvidual rights
What are the adversarial and inquisitorial systems?
The adversarial system involves two opposing parties presenting cases to an impartial judge, while the inquisitorial system allows judges to investigate cases.
Describe the court hierarchy in Australia.
A structured ranking of courts: High Court (final appeals), Supreme Court (serious cases), District Court (mid-level cases), Magistrates Court (minor cases).
What is the purpose of laws within society?
Laws maintain order, protect rights, enforce responsibilities, and ensure justice.
Differentiate between a rule and a law.
Rules are guidelines set by groups, while laws are legally enforceable by the government.
List characteristics of effective laws.
- Clear
- Enforceable
- Fair
- Accepted by society
- Adaptable
What is retribution or punishment in law?
Ensures offenders face consequences for their actions, providing justice for victims.
What does prevention mean in a legal context?
Prevents crime through deterrence or incapacitation.
What is denunciation in legal terms?
Publicly condemns unlawful behaviour, reinforcing society’s values.
What is community protection in law?
Keeps the public safe by restricting dangerous offenders.
Define rehabilitation in the legal system.
Helps offenders reintegrate into society through education, training, and therapy.
What are police powers regarding warrants and evidence?
Police need search/arrest warrants unless there’s reasonable suspicion of a crime, and evidence must be collected legally.
What are legal criteria?
Factors used to evaluate legal cases, such as fairness, precedent, and legality.
