The Legal Stystem -Revision Flashcards
What are the names of the houses in federal parliament?
House of Representatives and Senate
What is the lower house?
House of Representatives
What is the higher house?
Senate
What is the term given to the situation whereby both Federal and State parliaments can legislate on the same matter?
Concurrent
Difference between courts and tribunals?
Tribunals are less formal than courts and sometimes refuses legal counsel. Judges in court are expected a general knowledge of the area of law but adjudicators have special knowledge on the case.
When cases are heard for the first time in a particular court, this is referred to as what type of jurisdiction?
Original jurisdiction
Which court is the inly one empowered to hear constitutional issues?
High court of Australia
Which Queensland courts do not have appellate jurisdiction?
Magistrates Court
Local councils are given the authority to make by-laws through which type of legislation?
Delegated law
The power to interpret statutes rests with which body?
Judicial
What is the hierarchy of Australia and what do they hear?
Supreme court - hears serious criminal cases, heard by district court.
District court- civil disputes where amount claimed between $50000 and $250000. Offences carrying life imprisonment
Magistrates court- minor criminal offences. Claimed $50000 or less
A court’s authority to hear a particular case is described as what term?
Jurisdiction
A majority in which house of Federal parliament allows a party to form government?
Lower house
The Australian constitution can only be amended by what method?
Referendum
Characteristics/factors that make an effective law?
Prospective (known im advance) Clear, so it is understood Apply equally to members of the community Consistent and stable Capable of being enforced Acceptable to the citezens
Difference between common law and statute law?
Common law not made by parliament. Judges have authority to make law. Statute law will override judge made law if there is an inconsistency between the two
How does the Queensland parliament differ from other states?
QLD system is unicameral which means it has one house- the lower house which is called the legislative assembly. Other states have 2 houses (bicameral system)
What is the role of judicial precedent?
Judges are obliged to follow the decision of earlier cases im higher courts when the factual circumstances are essentially the same.
When must a judge follow a precedent decision?
The case must come from a court of equal or higher rank than the one in which the pr sent case in being heard and must be in the same hierarchy of courts.
Precedent will apply only to the particular legal principle of the case im question.
What is the process of mediation?
Where 2 parties can discuss and decide on the outcome and compromise: lacks authority to impose a binding decision.
How does mediation work?
- Arranged meeting from both parties
- explain problem from both sides without interruption
- if solution is reached, write details and arrange to meet again
- mediator listens to both parties privately
- mediator comes up with solutions
- if parties agree, it will be written down and signed by all
What system of the government is the Australian legal system based upon?
Westminster System
