Terms Flashcards
Norms
Norms are socially acceptable habits or customs.
They may have varied consequences.
They could be used to enforce cultural values
Rules
Rules are regulations that are generally more formal than norms.
They only apply to certain groups of people
E.g. School rules, club rules
Laws
A law is a regulation that applies to all of society
Everyone is expected to follow laws and if they don’t then there are penalties/consequences
The government and courts recognize and enforce laws
5 features of a good law
- Written n clear language with one meaning
- Communicated to the public
- Apply equally to everyone
- Capable of being enforced
- Acceptable to all citizens
Difference between norms, rules and laws
The key differences are who they apply to and the penalties when not followed. A norm applies to a group of people, and doesn’t have a punishment that can be enforced on a person. A rule is only applicable to specific groups of people and has consequences that are enforced by that group, not the government or courts. A law applies to everyone in society equally and has penalties enforced by the government
Original Jurisdiction
This is where a trial is held originally or first
Appellate Jurisdiction
This is where a trial goes when an appeal is made.
This ensures fairness and protects the presumption of innocence
Challenges to the fair application of the law will be heard in the court one level above.
When in the court of appeal/supreme court there are three judges.
Rules of Precedent - Binding
Binding ensures that court decisions are similar and consistent for similar legal issues
If the legal issue is similar then courts must follow the decision made by an equal or higher court
Rules of Precedent - Persuasion
Persuasion means that a court may follow decisions in other jurisdictions
E.g. QLD may follow a decision made by a NSW court
Rules of Precedent - Distinguish
Distinguish means to determine if there is a difference between two legal issues, thus previous decisions do not have to be followed
Common Law
Common law involves decisions made by the courts using the rules of precedent to ensure they are consistent and to determine guilt.
These decisions are made from the courts reacting to a case, or making decisions before the act has been done.
Statute Law
Statute laws are laws made by parliament.
They are created in advance, meaning that they are made before the action takes place in order to prevent it from occurring.
These laws over ride common laws and have more power
Differences between common and statute law
The key difference are that common law is reactive and statute law is pro active
Statute law also has more power and will over ride common law if there is ever a need
Royal Assent
This is the last step in statute law.
The Governor-General (monarchy) approves parliament vote to turn a bill (proposed law) into an act (an active law)
Delegated Legislation
Delegated means permission by parliament and legislation means to make a law. Therefore delegated legislation means to give law making roles to smaller local councils.
This is because it is more efficient as parliament cannot make all the minor regulations simply due to time. It is also because of local knowledge.
Adversarial System
This system is when there is two parties that represent their cases. They use evidence to try and prove their position and determine guilt
This takes place in front of an impartial person or group of people such as a judge or jury.
This system is used in Australia and other countries with common law
Inquisitorial System
This is the system used in France
Magistrates Court
This court deals with 95% of all cases, due to them being summary or minor offences.
Magistrates court also hears all committal hearings.
All cases begin in this court to determine if there is enough evidence for a trial.
Does not have a jury
District Court
The district court handles more serious offences such as rape, armed robbery or fraud
Can hear appeals from the Magistrates court
Does have a jury
Supreme Court
The supreme court is the highest court in QLD and handles the most serious offences, including manslaughter, murder and serious drug matters.
Can hear appeals from the district court
Court of Appeal
This is the court which hears appeals from the supreme court because there isn’t a higher court
It doesn’t hear entire cases rather just the subject of the appeal.
Does not have a jury
May have multiple judges
This court ensures fairness and protects the presumption of innocence
High Court
The high court is part of the federal court system and deals with Australian wide laws
However in some cases may deal with state issues
Committal Hearings
These are like preliminary hearings which take place in the Magistrates court.
Their purpose is to hear and gather all the evidence to determine if there is enough for a full trial
This protects the presumption of innocence and ensures fairness.
Bail
Bail is the right for someone who is not a threat to society to be free before their trial
It may help them prepare a defense and minimize loss of liberty.
People on bail provide a guarantee that they will appear in court
Separation of Powers
Power is separated into Legislation/parliament, executive/government, and judicial.
Role of Legislative/Parliament
Their role is to make the laws
Role of Executive/Government
Their role is to apply and enforce the law
Role of Judicial Power
They are individual deciders and interpreters of the law and chose when to apply it
Purpose of the Separation of Powers
The purpose is to ensure that nobody is given too much power or a lesser amount of power.
This ensures that the wishes of citizens are not ignored or overlooked.
What is the Rule of Law
The rule of law is an important principle in society that everyone must adhere to.
It ensures that the government exercises the appropriate authority and themselves abide by it
Meaning of the Rule of Law
It means that no individual or group of people is above or below the law and no one can be convicted of a crime with out a proper trial and evidence
Government
The group in parliament with the most elected representatives form government.
They decide when laws are used and enforced
E.g. when to send troupes overseas
Parliament
Are members elected by 100,000 voters in the electorate and are chosen to represent that
Therefore they are a part of the House of Representatives
Each state gets six senators so smaller states are protected during law making
Bill
A bill is a proposed law that is yet to be approved
Act
An act is an active law that has been approved and is currently in place
Criminal Law
Are sanctions or regulations by society for antisocial behavior or for individual issues E.g fines for speeding or jail for murder
Civil Law
Relates to laws and decisions used to resolve disputes between individuals. Comes from the word civilians
