terms to know

Question 1

jurisdiction

Answer 1

responsible/related/refers to an area

e.g Commonwealth or state/territory courts have authority to exercise judicial power in federal or state/territory

Question 2

code of conduct

Answer 2

the expectations when going to court, fulfilling the legal responsibilities

Question 3

equitable outcomes

Answer 3

the matter is solved according to law and also complies with principles of justice and works for each case and viewpoints

Question 4

rule of law

Answer 4

there is equality before the law, therefore no one is above the law and there is a balance of powers by individuals and the government

Question 5

statute law

Answer 5

laws made by parliment, it can override/clarify common law if there is an inconsistancy between the two

Question 6

common law

Answer 6

law made by judges in a court case, if used in a later court case then it is a precident law that is enforced by judges to follow the decision of the earlier case when the factual circumstances are the same

Question 7

onus (responsibility) of proof (persuading the decider of fact)

Answer 7

the prosecution must prove that the accused person is quilty of the offence charged

Question 8

standard of proof

Answer 8

the prosecution does not need to prove that the accused is quilty, the standard of proof is beyond resonable doubt

Question 9

arms of government

Answer 9

The Legislative Assembly (Parliament)
The Executive (Cabinet and Executive Council)
The Judiciary (Courts)

Question 10

separation of powers

Answer 10

legislative power is making laws, it rests with the governments of the Commonwealth

executive power is implementing or carrying out of law

judicial power is the interpretation of law and is carried out by the courts and tribunal

Question 11

Australian constitution

Answer 11

A constitution is the set of rules that specify the powers, responsibilities and roles which tells us which powers are given to the Commonwealth and which are to remain with the States.

Question 12

adversarial systems

Answer 12

a judge to act as an umpire whilst prosecution and defence have a clean fight/debate

Question 13

inquisitorial system

Answer 13

the judge conducts their own investigation into the evidence both before and during a court hearing, this is to seek the truth of the crime

Question 14

exclusive powers - separation of powers

Answer 14

exercised only by the Commonwealth Parliament, it gives the Commonwealth exclusive power to make laws for its territories, including the Australian Capital Territory

laws are made by the commonwealth like prevents a State from making its own money and prohibits them from having its own armed forces,

Question 15

concurrent powers

Answer 15

they can be exercised by both the Commonwealth and State Parliaments

Question 16

residual powers

Answer 16

all of the law making powers that the states had as colonies before 1901 are preserved, prohibited under the Constitution from passing laws dealing with any of these residual state powers that are not stated in s51

Question 17

effective law

Answer 17

that it contributes to the well-being of all citizens in our society, citizens must be able to understand it, also needs to be clear so that judges can interpret and apply the law

Question 18

court heighrachy

Answer 18

magistrates -> district -> supreme -> supreme apeals -> high courts

Question 19

steps to create an act

Answer 19

1. social pressure
2. bill
3. first reading (legislation assembly)
4. second reading (legislation assembly)
5. committee hearing
6. third reading (parliment)
7. royal assest