Sources of Contemporary Aus Law Flashcards
What is Statute Law?
Legislation that has been passed through parliament
Both the State and Federal Parliament have the power to pass laws within their jurisdiction. Statutes passed by Federal Parliament apply to all of Australia.
What is Common Law?
Law made by judges through court decisions when there is no Statute law that covers a case
The record of a judge’s verdict becomes a precedent.
What is Equity in legal terms?
Allows judges to use their discretion to achieve a fair and logical outcome where there is no applicable Statute or precedent
Equity supplements the Common Law.
Define Judicial Discretion.
The judge’s jurisdiction to make independent decisions to achieve a fair legal outcome.
What is a Precedent?
A principle or rule established in a past legal case that is either binding or persuasive
Binding precedent must be followed; persuasive precedent may influence decisions.
What is the origin of Common Law?
Common law originated in England and was established with the formation of English colonies in Australia.
What is an Inquisitorial system?
A legal system where the court is actively involved in investigating the facts of the case.
What is an Adversarial system?
A system of resolving legal conflicts used in Common law countries, relying on representatives for each side
Each side presents their case to an impartial decision maker.
What does Jurisdiction refer to?
The extent of the power to make legal decisions and judgments over certain types of offenses and/or in certain locations.
What is Original Jurisdiction?
The power of a court to hear a case for the first time.
Define Appellate Jurisdiction.
The authority of a higher court to review the decision of a lower court.
What is an Indictable Offence?
An offense that can be formally tried or charged.
What are Civil Disputes?
Legal disputes between individuals (Person v Person).
What are Criminal Disputes?
Legal disputes involving the state against an offender (R v Offender).
Which court selects serious cases to hear in Australia?
High Court of Australia.
What is the role of the Court of Criminal Appeal?
To hear appeals from State Supreme Court cases before they can escalate to the High Court.
What is the Appellate Jurisdiction of the State Supreme Court?
Appellate Jurisdiction over Intermediate Courts.
What is the Appellate Jurisdiction of the State District Court?
Appellate Jurisdiction over inferior courts.
What courts are included in State Minor Courts?
Local, Coroners, and Children’s court.
