The Legal System Flashcards
Characteristics of just laws are:
- Equality
- Not retrospective
- Minimal delay
- Known by the population
- Ultitarinism
- Justifiable
Justice is a combination of…
Equality, fairness, and access
Procedural fairness is…
the principles of natural fairness, overriding this is the concept of fair treatment before the law..
Common Law is and was founded by:
the part of English law that is derived from custom and judicial precedent rather than statutes, founded by Henry II, in 1154.
Precedent…
is created by the way
Another name of Common Law is:
Judicial Precedent
Statute Law is:
a system of laws that have been decided and approved by a parliament
Aboriginal and Torres Strait islander law is:
The form of which Australian natives enforce and decide law.
The Adversary system is…
reliant on the most persuasive case, decided by a presider or a jury.
A Bicameral parliament…
has two houses, upper and lower.
The senate…
has a representative from each state to review legislation
Legislative process is..
Draft created—First reading—Lies before parliament—Second reading—Third reading—Detailed parliamentary debate—Bill is voted—Royal assent
Ratio decidendi is…
The rule of law on which a judicial design is based.
Obiter dicta is…
A judges expression of opinion a judgement or court, which is unessential to the decision and not a legally binding precedent
Appellate…
Concerned with or dealing with applications for decisions to be reversed.
