Other Definitions Flashcards by daniel Gonnella | Brainscape

Q

Stare decisis

A

The principle at the heart of the doctrine ( to stand by what is decided )

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Q

Ratio decidendi

A

The reason for the decision ( the binding part )

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3/4- Legal (358 decks)

Overview Of Australian Parliamentary System

Representative Government

Representative Government - In Depth

Representative Government - Strengths/limitations

Responsible Government

Responsible Government - In Depth

Responsible Government - Strengths/limitations

Separation Of Powers

Separation Of Powers - In Depth

Commonwealth Parliament Structure

Victorian Parliament Structure

Governor General

Role Of The Crown

The Senate Structure

Role Of The Senate

Further Roles Of The Senate

House Of Reps Structure

Role Of The House Of Reps

Legislative Council Structure

Legislative Council Role

Legislative Assembly - Structure

Effectiveness Of House Of Reps

2010 Hung Parliament

Effectiveness Of The Senate

Money Supply And Appropriation Bills

Double Dissolution

Executive Council

Functions Of Parliament

Government/Parliament

Parliament As A Law Maker

Key Terms AOS1(a)

Key Terms- AOS1(b)

Law Change: Changing Values And Attitudes

Law Change: Changes In Society

Law Change: Protection Of The Community

Law Change: Protection Of Rights

Law Change: Advances In Technology

Law Change: Access To The Law

Law Change: Generating Changing Values In Society

Crimes Amendment Bullying Act 2011

Cowards Punch Law

Pressure Groups

Petitions: Asylum Seekers

Effectiveness Of Petitions

Effectiveness Of Demonstrations

Effectiveness Of Media

Victorian Law Reform Commission

Strengths Of VLRC

Weaknesses Of VLRC

Law Reform Process

VLRC: Jury Directions

VLRC: Jury Empanelment

VLRC: Medicinal Cannabis

VLRC: Burial Instructions

Legislative Process

Effectiveness Of Parliament

Residual Powers

Specific Powers

Exclusive Powers

Concurrent Powers

Restrictions On State Parliament

Restrictions On Commonwealth Parliament

Referral Powers

Evaluation Of Referral Powers

Structural Protection Of Rights

Important Constitution Sections

Changing The Division Of Law Making Power

Impact Of A Succesful Referendum

Referendum Process Under S128

Referendum Process; In Depth

Division Of Power And Referendums

Reasons Affecting Success Of A Referendum: Timing

Reasons Affecting Success Of A Referendum: Double Majority

Reasons Affecting Success Of A Referendum: Lack Of Bipartisan Support

Reasons Affecting Success Of A Referendum: Confusing Information

Reasons Affecting Success Of A Referendum: Voter Conservatism

Reasons Affecting Success Of A Referendum: Opposition In The Community

Reasons Affecting Success Of A Referendum: Erosion Of States Rights

Reasons Affecting Success Of A Referendum: High Cost Of Holding A Referendum

Strengths Of A Referendum

Weaknesses Of A Referendum

Sections Relating To High Court

Mcbain Case ( Sac2 )

Impact Of The Brislan Case

Tasmanian Dam Case: Facts

Tasmanian Dam Case: Arguments

Tasmanian Dam Case: High Court Ruling

Tasmanian Dam Case: Impact

Role Of The High Court

Effectiveness Of The High Court

Australia- Constitutional Protection Of Rights

Structural Protection O' Rights

Structural Protection - Separation Of Powers

Structural Protection- Responsible Government

Structural Protection - Representative Government

The Express Rights

Political Communication: Australian Capital Television VS The Commonwealth

Theophanous Case

Lange Case: Facts

Lange Case: Decision

Evaluation Of The Commonwealth Constitution

Types Of Rights

Difference Between Civil And Human Rights

Statutory Interpretation

Reasons For Interpreting Legislation: Problems As A Result From The Drafting Process

Reasons For Interpreting Legislation: Problems Applying The Act To A Court Case

Methods Used By Judges To Interpret Acts

Intrinsic/Extrinsic Materials

Other Definitions

Binding Precedent

Persuasive Precedent

Interpretation Of Past Decisions

Strengths Of Law Making Through The Courts

Weaknesses Of Law Making Through The Courts

Mabo: relationship between the courts and parliament

Relationship Between Parliament And The Courts

Deing V. Tarola: Interpreting Legislation

Shaddock V. Parramatta

Distinguishing A Precedent

Reversing A Precedent

Disapproving A Precedent

Overruling A Precedent

Miller V. Miller

Reason For Court Hierarchy: Doctrine Of Precedent

Reasons For Court Hierarchy: Appeals

Reasons For Court Hierarchy: Administrative Convenience

Reasons For Court Hierarchy: Specialisation

Victorian Magistrates Court

Specialist Divisions Of The Magistrates Court

Victorian County Court

Specialist Divisions Of The County Court

Supreme Court ( Trial Division )

Supreme Court ( Court Of Appeal )

Judicial Determination

Similarities Of Dispute Resolution Methods

Differences In Dispute Resolution Methods

Strengths Of ADR

Weaknesses Of ADR

Strengths Of Judicial Determination

Weaknesses Of Judicial Determination

Similarities Between Court And VCAT

Differences Between Courts And VCAT

Strengths Of Courts

Weaknesses Of Courts

Strengths Of VCAT

Weaknesses Of VCAT

Elements Of An Effective Legal System: Fair And Unbiased Trial

Elements Of An Effective Legal System: Effective Access To The Legal System

Elements Of An Effective Legal System: Timely Resolution Of Disputes

Adversary System: Role Of Parties

Role Of Parties: Application To Adversary System

Adversary System: Role Of The Judge

Role Of Judge: Application To Adversary System

Adversary System: Burden And Standard Of Proof

Adversary System: Need For Legal Representation

Legal Representation: Application To Adversary System

Adversary System: Need For Rules Of Evidence And Procedure

Adversary System: Rules Of Procedure

Adversary System: Rules Of Evidence

Rules Of Evidence And Procedure: Application To Adversary System

Inadmissable Evidence

Strengths Of Adversary System

Weaknesses Of Adversary System

Inquisitorial System: Role Of The Parties

Inquisitorial System: Role Of The Judge

Inquisitorial System: Burden And Standard Of Proof

Inquisitorial System: Rules Of Evidence And Procedure

Inquisitorial System: Role Of Legal Representation

Strengths Of Inquisitorial System

Weaknesses Of Inquisitorial System

Comparison Of The Systems

Possible Reforms To The Adversary System

Police Investigation

Right To Remain Silent

Purposes Of Criminal Pre-trial Procedures

Conditions Of Bail

Purpose Of Bail

Considerations For Bail

Examples Of Bail

Purpose Of Remand

Committal Proceeding

Purposes Of Committal Proceeding

Filing Hearing ( Committal Proceedings )

Compulsory Examination Theory ( Committal Proceedings )

Committal Mention Hearing ( Committal Proceedings )

Committal Hearing ( Committal Proceedings)

Procedure After Committal Proceedings

Direct Indictment

Strengths Of Bail ( Pre-trial Procedure )

Strengths Of Remand ( Pre-trial Procedure )

Strengths Of Committal Hearings ( pre-trial procedure )

Weaknesses Of Bail ( Pre-Trial Procedure )

Weaknesses Of Remand ( Pre-Trial Procedure )

Weaknesses Of Committal Hearings ( Pre Trial Procedure )

Legal representation

Double Jeopardy Rule

Punishment ( Purpose Of Sanctions )

Deterrence ( purpose of sanctions )

Rehabilitation ( Purpose Of Sanctions )

Denunciation ( Purpose Of Sanctions )

Protection ( Purpose Of Sanctions )

Abolition Of Suspended Sentences ( Sanction )

Introduction Of Baseline Sentencing

6 Baseline Sentences

New Mandatory Sentencing ' One Punch ' Laws

Community Correction Order (CCO)

Sentencing Aims Of A CCO

Court Secure Treatment Order

Drug Treatment Order (DTO)

Sentencing Aims Of DTO

Adjourned Undertaking

Purposes Of Adjourned Undertaking

Sentencing Aims Of Fines

Sentencing Aims Of Imprisonment

How Is A Fair/Unbiased Hearing Achieved

How Is A Fair/Unbiased Hearing Limited

How Is Effective Access Achieved

How Is Effective Access Limited

How Is Timely Resolution Achieved

How Is Timely Resolution Limited

CIVIL LAW BELOW

Sending A Letter Of Demand

Supreme Court Pre-Trial Proceedings

Purpose Of Pleadings

Writ (Pleadings)

Statement Of Claim ( Pleadings )

Notice Of Appearance ( Pleadings )

Defence ( Pleadings )

Counterclaim ( Pleadings )

Reply ( Pleadings )

Further And Better Particulars ( Pleadings )

Directions Hearing

Directions Hearing ( Purpose )

Purpose Of Discovery

Discovery Of Documents ( Discovery )

Interrogatories

Discovery By Oral Examination ( Discovery )

Medical Examination And Provision Of Hospital And Medical Reports ( Discovery )

Mediation ( Second Last Sac )

Purposes Of Mediation

Strengths Of Pleadings ( Pre Trial Procedure )

Strengths Of Directions Hearing ( Pre Trial Procedure )

Strengths Of Discovery ( Pre Trial Procedure )

Strengths Of Mediation ( Pre Trial Procedure )

Weaknesses Of Pleadings ( Pre Trial Procedure )

Weaknesses Of Directions Hearings ( Pre Trial Procedure )

Weaknesses Of Discovery ( Pre Trial Procedure )

Weaknesses Of Mediation ( Pre Trial Procedure )

Trial Procedure In Supreme Court

Compensatory Damages

Nominal Damages

Contemptuous Damages

Exemplary Damages

Order Of Specific Performance

How Is A Fair/Unbiased Hearing Achieved (civil)

How Is A Fair/Unbiased Hearing Limited (civil)

How Is Effective Access Achieved (civil)?

How Is Effective Access Limited (civil)

How Is Timely Resolution Achieved (civil)

How Is Timely Resolution Limited (civil)

Changes To Bail Laws

Jury Directions

Double Jeopardy

Recommendations For Change (Criminal)

Civil: Fair And Unbiased (Contribution)

Civil: Fair And Unbiased (Hindering)

Civil: Fair And Unbiased (Recent Changes)

Civil: Fair And Unbiased (Recommendations For Change)

Civil: Effective Access (Contribution)

Civil: Effective Access (Hindering)

Civil: Effective Access (Recent Changes)

Civil: Effective Access (Recommendations For Change)

Civil: Timely Resolution (Contribution)

Civil: Timely Resolution (Hindering)

Civil: Timely Resolution (Recent Changes)

Civil: Timely Resolution (Recommendations For Change)

Role Of The Jury (1)

Role Of The Jury (2)

Evidence In The Trial (Jury)

Reasons For The Decision (Jury)

Jury In A Criminal Trial

Verdicts In Criminal Trials

The Use Of Juries In Criminal Cases

Judge Directions To The Jury

Jury In A Civil Trial

Verdict In Civil Trials

Damages In Civil Trials

The Use Of Juries In Civil Cases

Selection Of Jurors

Liability For Jury Service

A Summons For Jury Duty

Empaneling The Jury

Challenges For Cause

Peremptory Challenges

Jury In A Criminal Case

Selecting A Jury For A Criminal Trial

Peremptory Challenges For The Accused

Prosecution Stand Aside Jurors

Challenges For Cause In A Criminal Trial

Jury In A Civil Case

Selecting A Jury In A Civil Trial

Role Of The Foreperson

Strengths Of The Jury System

Weakness Of The Jury System

Reforms To The Jury System

Suggested Reforms To Trial By Jury

Judge Alone Or Panel Of Three Judges (Alternative To Jury)

Professional Jurors (Alternative To Jury)

Specialist Jurors (Alternative To Jury)

How Does The Jury Aid Fair And Unbiased Hearing

How Does The Jury Limit Fair And Unbiased Hearings

Recent Changes To The Jury To Aid A Fair And Unbiased Hearing

Recommendations To Change With Aiding Fair And Unbias In The Jury System

How Does The Jury Aid Effective Access

Problems With The Jury That Hinder Effective Access

How Does The Jury Aid Timely Resolution

How Does The Jury Pose Difficulties For Timely Resolution

Recent Changes To The Jury To Aid Timely Resolution

Recommendations For Change In The Jury To Aid Timely Resolution