Sources of Contemporary Australian Law Flashcards
What is the definition of Common Law?
Law made by judges in court decisions, based on precedent rather than written statutes or codes.
From where did Common Law in Australia originate?
From the English legal system brought by British colonization in 1788.
How has Common Law developed over time?
Evolved from judicial decisions based on tradition, custom, and precedent over centuries.
What is the purpose of Equity in relation to Common Law?
Developed to address injustices in the common law; provides remedies not recognized by common law.
What is the Doctrine of Precedent (Stare Decisis)?
Requires like cases to be treated alike; ensures fair and consistent development of law.
Describe the Adversarial System.
Two opposing sides present arguments to an impartial judge (and sometimes jury).
What is the definition of Court Hierarchy?
The organized structure of courts, from lower to higher levels, with different jurisdictions and powers.
List the types of State Courts in New South Wales.
- Local Court
- Coroners Court
- Children’s Court
- District Court
- Supreme Court
- Land and Environment Court
What are the Federal Courts in Australia?
- Federal Circuit and Family Court of Australia
- Federal Court of Australia
- High Court of Australia (highest court)
What is Statute Law?
Laws made by parliament (legislation), written down as Acts of Parliament.
What is the role of Parliament in Statute Law?
Body of elected representatives that debates, passes, rejects, and amends legislation.
What is the structure of most Australian parliaments?
Bicameral (two houses); government formed by party with majority in lower house.
Fill in the blank: A Bill becomes an Act of Parliament after receiving _______.
royal assent.
What is Delegated Legislation?
Laws made by non-parliamentary bodies under authority delegated by parliament.
What is the definition of The Constitution?
The fundamental legal document that establishes the structure, powers, and limits of government in Australia.
What does the Division of Powers refer to?
Separates powers between Commonwealth and states; includes concurrent powers, exclusive powers, and residual powers.
What does Section 51 of the Constitution list?
The legislative powers of federal parliament (concurrent powers).
What does Section 109 establish?
When state and federal laws conflict, federal law prevails.
What is the Separation of Powers?
Divides government into legislature, executive, and judiciary.
What is the role of the High Court?
Interprets the Constitution, hears appeals from lower courts, and has original jurisdiction in certain matters.
What are Aboriginal and Torres Strait Islander Peoples’ Customary Laws?
Traditional rules, values, and practices that govern behavior in First Nations communities.
How is the nature of Aboriginal and Torres Strait Islander law characterized?
Diverse; varies across different First Nations communities.
What is the spiritual basis of Aboriginal law connected to?
The Dreaming; law and spirituality closely related.
Fill in the blank: In Aboriginal culture, land belongs to _______ rather than individuals.
groups.
