Sources of contemporary Australian law- common law Flashcards

1
Q

what is a judge-made law?

A

laws made of the result as a specific case precedent.

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2
Q

what is a judge

A

the person who decides on the case and makes a decision about the law in the case

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3
Q

define common law

A

Collection of legal principles and rules, that are derived from decisions judges make in court aka judge made law

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4
Q

what are statute laws?

A

Laws made by parliament also known as (legislative)

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5
Q

RELATIONSHIP BETWEEN COMMON LAW AND STATUTE LAWS

A
  1. Judges are required to obey statute law when making decisions.
  2. If there is no relevant statute law a judge will turn to common principles
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6
Q

what is a precedent?

A
  1. A judgment that guides deciding later cases that have similar cases
  2. Judges are obligated to apply the reasoning of judges in past cases when deciding cases that raise similar cases
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7
Q

what is equity

A
  • The body of law that supplements the common law and corrects injustices by applying principles of fairness.
  • For example, the court may order someone to do what they promised but then failed to do.
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8
Q

ADVERSAL SYSTEM

A
  • Two sides
  • Questioning by each side of the witness
  • Decision Is made off evidence of both sides.
  • A judge-controlled courtroom and decides matter of law
  • In every court room in Australia besides coroner’s court
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9
Q

INQUISITORAL SYSTEM

A

In Europe and nsw
Has two sides
Only in coroners court in Australia
The judge can ask witnesses for more questions/ask for more evidence.

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10
Q

what is court hierarchy?

A

→ Jurisdiction - the division of powers splits the powers of authority between state and federal to control a court and decide a case

4 types of jurisdiction:
● Original = hears and finalises a case in court
● Appellate = reviews cases from lower courts
● Criminas = hearing criminsl cases
● Civil = hearing civil cases

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11
Q

list all the state courts

A
  1. state lower court
    -Local court of NSW
    - Coroners Court of NSW
    - Children’s Court of NSW
  2. state intermediate courts
    -District Court of NSW
  3. state and territory superior courts
    - Land and Environment Court of NSW.
    - NSW supreme court
    - Court of criminal appeal and court of appeal
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12
Q

what does the local court deal with

A
  • minor criminal and summary offences
  • civil matters with a monetary value of up to $100 000
  • committal hearings
  • a limited range of family law matters (e.g. property settlements and residence orders for children); for these matters, the Local Court has federal jurisdiction and is essentially part of the Federal Court hierarchy.
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13
Q

what does the coroner’s court deal with

A

 unexplained or suspicious deaths (or suspected deaths), fires and explosions are properly investigated.

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14
Q

what does the Children’s Court of NSW deal with

A
  • Deals with civil matters concerning the protection and care of children and young people.
  • criminal cases involving persons under the age of 18 at the time of the offence, or
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15
Q

what does District Court of NSW deal with

A

-manslaughter, malicious wounding

-dangerous driving
-assaults

-sexual assaults

-offences relating to property, including.

-robbery, breaking and entering, larceny and

-embezzlement

-importing, supplying or possessing
-prohibited drugs.

-offences involving fraud, including forgery,

-obtaining money by deception and passing valueless cheques.

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16
Q

what does the Land and Environment Court of NSW deal with

A
17
Q

what does the NSW Supreme Court deal with

A
18
Q

what does the Court of Criminal Appeal and Court of Appeal deal with

A