The Legal System Flashcards
What are the names of the house in federal parliament
House of Representatives
Senate
What is the term given to the situation whereby both federal and state parliaments can legislate on the same matter?
Concurrent
When cases are heard for the first time, in a particular court, this is reffered to as what type of jurisdiction?
Original jurisdiction
What court can hear constitutional matters?
The high court
Which QLD court does not have appellate jurisdiction
The magistrates court.
Because it is at the bottom of the hierarchy it can’t hear any appeals
Local councils are given the authority to make by laws through which type of legislation?
delegation
What is the separation of powers
The separation of powers divides the institutions of government into three branches; legislative, executive and judicial
What is the court hierarchy?
High court- constitutional matters
Federal court - taxation, bankrupt
Family court- children’s issues and divorce
Court of appeal
Supreme- appeals, serious crimes
District court- criminal offences drug offences
Magistrates- traffic offences, small claims
A courts authority to hear a particular case?
Jurisdiction
In terms of legislation, what is meant by “bill”
Constitution
The Australian constitution can only be amended by what method?
A referendum
Characteristics of an effective law
Reasonable Practical Enforceable Updated Safe Beneficial
Difference between common and statute law?
Common law is made by the courts, more specifically the judges. Whereas statute law is made by parliament
Differences between adversarial and inquisitorial
Adversarial
- lawyers present a case
- legal representatives are encouraged
- judge is independent third party
Inquisitorial
- judge investigates the case
- Relies heavily on written statements
- no opposition
How does the QLD parliamentary system differ from other states?
The QLD parliament differs from the other states in Australia. QLDs parliament is unicameral, which means it only has one house. It is called the legislative assembly. The other stars are bicameral which means they have two houses.
