Sources of contemporary Australian law and common law Flashcards
What is common law?
when judicial personnel form the basis of law
What was the origin of common law in Australia?
The origin of Australia’s common law system is from Britain.
Define equity
body of law that supplements, corrects and controls common law aiming for justice
TRUE or FALSE : Precedence describes a judgement that serves as a guideline for deciding newer cases with similar facts/elements.
FALSE
Define Precedence
Refers to the reasoning behind the judges decision.
Define Precedent
Precedent describes a judgement that serves as a guideline for deciding newer cases with similar facts/elements.
What is the role and jurisdiction of the High Court?
Interpret and apply Australian law. Deal with matters relating to the interpretation of the Constitution and others including criminal law.
What is the role and jurisdiction of the Supreme Court?
The Supreme Court deals with all civil matters, like cases of treason, murder, attempted murder and other major criminal cases.
What is the role and jurisdiction of the District Court?
The District Court has jurisdiction to hear serious criminal offences except murder, treason and piracy. The court also hears appeals from the Local court.
What is the role and jurisdiction of the Local Court?
The jurisdiction of the Local Court deals with minor civil cases : physical assault, stealing, unpaid tickets, vehicle accidents, driving offences damaging property, etc
What is the role and jurisdiction of the Children’s Court?
The Children’s Court has jurisdiction to deal with matters where the defendant is below the age of 18. The Children’s Court hears cases like low compulsory school attendance, safety and wellbeing of the child, and criminal matters etc.
What is the role and jurisdiction of the Coroners Court?
The Coroner’s Court has jurisdiction to investigate unnatural/sudden deaths (maybe caused by poison, drugs or homicide), missing persons, fire and explosions.
What is the purpose of having different levels of courts?
to make sure that the legal system is structured. Higher courts with appeals handled to them by lower courts can allow them to fix any mistakes made during court proceedings, ensuring a fair case for all.
What is the role of the High Court in the interpretation of the constitution?
The High Court determines whether federal laws are within the powers granted to the Australian Parliament by the Constitution, and can invalidate laws it finds unconstitutiona
What is statute law?
Legislation made in parliament
Role and structure of parliament
Role is to represent people (citizens) and make laws. Levels : House of representatives →senate → governor general→ federal parliament
Define delegated legislation and describe its function
It’s when the parliament delegates law making power to lesser bodies. This is authorised by enabling Act.
TRUE or FALSE: Division of powers is the separation of powers between legislative (parliament), executive and judicial branches.
FALSE
Define division of powers
Division of powers is the separation of governmental authority between the federal (social security, trade, immigration etc) , state (education, healthcare, police and infrastructure) and local (local council, community services, public area maintenance, environment) government.
What is the separation of powers?
the separation of powers between legislative (parliament), executive and judicial branches.
