Legal unit 1 Flashcards
IA1
Rule of law
the law applies to everyone equally, more broadly fundamental human rights
Division of powers
- Three different types of powers
○ Exclusive
○ Concurrent
○ Residual
Exclusive
Commonwealth only
Concurrent
Both commonwealth and state
Residual
State laws
Separation of powers
aims to keep separate the powers of making, implementing and interpreting the law
Legislative
Makes the law-parliament
Executive
Implement the law-cabinet (ministers)
Judicial
Interpret the law-courts
Statute law
Made by parliament
Common law
Made by judges
Bicameral
2 houses, house of representatives, senate
Unicameral
1 house, house of representatives
Ratio Decidendi
- Judges reason for decision
- Binding part of the precedent
Obiter Dicta
Persuasive part
Criminal
- Committed an offence / ‘broken the law’
- Prosecution v Defendant
Prosecution and defendant
Onus on prosecution
Beyond reasonable doubt
- Prosecution v Defendant
Civil
- Between 2(or more) parties
- Plaintiff v defendant
Plaintiff and defendant
Onus on plaintiff
Balance of probabilities
- Plaintiff v defendant
Adversarial system
When the court acts a referee between the prosecution and the defense
Inquisitorial system
When the court is actively involved in the proof of facts by taking investigation of the case
Mens Rea
As an element of criminal responsibility a guilty mind; a guilty or wrongful purpose; a criminal intent
Actus Reus
Action or conduct which is constitutes the element of a crime the act itself
Non-indictable offences
Regulatory offences are the least serious offences
Simple offences are also summary offences
Indictable offences
Misdemeanors are more serous offences
Crimes are the most serious offences
