Sources of Contemporary Australian Law Terms Flashcards
Common law
Law made by courts, historically law common to
England
Statute law
Law made by Parliament
Adversarial system
a system of resolving legal conflicts, used in common law countries, which relies on the skills of representatives for each side who present their cases to an impartial decision maker
Inquisitorial system
a legal system where the court or a part of the court is actively involved in conducting the trial and determining what questions to ask, used in some countries which have civil legal systems rather than common law systems
Courts of equity
Historically, Courts whose decisions were more discretionary and based on moral principles, and which served as an antidote to the inflexibility of common law
Equity
the body of law that supplements the common law and corrects in justices by judging each case on it’s merits and applying principles of fairness
Precedent
a judgement that is authority for a legal principle, and that serves to provide guidance for deciding cases that have similar facts
Stare Decisis
A Latin term meaning “the decision stands”; the doctorine that a decision must be followed by all lower courts
Ratio Decidendi
(Latin) the legal reason for a judge’s decision, forms precedent
Obiter Dicta
(Latin) comments from a judge in a case that are not directly relevant to the case, and, therefore, not legally binding - may be persuasive
Jurisdiction
the powers of court, depending on its geographic area, the types of matters that it can decide, and the type of remedy that it can reward
Defamation
The act of making untrue statements or suggestions that cause damage to a person’s reputation in the community
Appeal
An application to have a higher Court reconsider a lower courts decision, on the basis of an error of law
Summary offence
Criminal offence that can be dealt with by a single judge without a jury and does not require a preliminary hearing
Indictable offence
A serious criminal offence requires an indictment (a formal written charge) and a preliminary hearing; it is typically tried before a judge and jury and is subject to greater penalties than non-indictable offences
Committal hearing
Inquiry held by the local or magistrates Court to determine whether there is enough evidence against the defendant to warrant a trial in a higher Court (establishing ‘prima facie’)
Coronial inquest
investigation into a death that has occurred in unusual circumstances, held in the coroners Court and overseen by a magistrate called the coroner
Larceny
Taking another person’s property with the intention of permanently depriving them of it; also known as stealing
Appellate jurisdiction
the ability or power of a court to hear appeals of the decisions of lower courts and to reject, a firm or modify those decisions
Corporations law
legislation that regulates corporations and the securities and futures industry in Australia ; it is administered by the Australian Securities and Investments Commission (ASIC)
Binding Precedent
A court has to follow a previous decision if the following requirements are met:
1) the decision comes from a higher Court
2) the higher court is on the same hierarchy
3) the case has similar facts
