Sources of contemporary Australian Law - common law Flashcards
What is common law?
The collection of legal principles and rules that are derived from decisions judges make in courts also known as judge made law.
What is a judge?
The person that finalises and makes decisions about the case
What names do we give laws that are made by parliament?
Statue law and legislation
How are statute and common law related
Judges are required to obey statute law when making decisions
If there is no relevant statute law a judge will turn to common law principals
What is a precedent?
A judgment that provides guidance for deciding later cases that have similar facts
What is a binding precedent?
A precedent is binding on a court if the precedent was made by a court that is higher in the hierarchy or courts. An example is that a decision made by the high court is binding on all courts in Australia
Refers to when a precedent is set it then becomes binding on all courts lower than it in the court hierarchy
What is equity?
The body of Law that supplements common law and corrects injustices by applying principles of fairness
What is an adversal system?
An adversal system is every court accept the coroner’s court
- questioning by each side of the witness
- two sides
- decisions are made based on evidence offered by each side
- a judge controls the courtroom and decided matters of law
What is an inquisitorial system?
Only the coroner’s court where the coroners ask questions
- in Europe and NSW
- has two sides
- decisions are based on evidence
- the judge can ask witness questions and can ask for more evidence to be provided
Court heirachy
local courts - drug, corroners and childrens court
district court- for more serious local court cases
NSW supreme court - the highest cort avalible for civil and criminal cases without appeal
NSW court of appeal - for appealed civil cases
NSW court of criminal appeal - for appealed criminal cases
The high court of Australia - highest court in Australia usually doesn’t deal with civil cases
what is jurisdiction
the powers that a court has
what is appellate jurisdiction?
where there has been an appeal for a case to go to a higher court
what is a summary offense?
a minor criminal offense that can be dealt by with a magistrate without a jury
what is a committal hearing?
the first hearing in a local court to determine whether a case should appeal to a higher court
