Topic 1: Chapter 1 Terminology Flashcards
Act
an enactment, a statute, a law made by parliament.
Adversarial
Refers to a competitive system of law, as used in Australia, where legal representatives take a combative approach to presenting and resolving disputes in court before a judge.
Appellant
The party bringing an action on appeal from a decision of a lower court.
Appellate Court
A court which, under its enabling legislation (ie, the legislation which created the court), has the power to hear a matter on appeal from a lower court.
Civil Law
An action between persons (both real or legal, eg, a company) regarding the enforcement of rights and the carrying out of obligations, with the intention of compensating the injured party.
Civil Law System
A reference to a major legal system derived from Roman law, such as the found in continental Europe.
Common Law
Has at least four possible meanings – the law common to the whole of England; unenacted law (the decisions fo judges); both case law from the common law courts and statute law as distinct form equity that have developed over time; or the law which originally developed in England and was inherited by the British colonies. Common law describes a competitive or adversarial type of system.
Court of First Instance
A court which, under its enabling legislation, has the power to hear a matter when it first comes into the court system. The more serious the matter, the higher the court that will hear it at first instance.
Criminal Law
The rules of common law and statute that make certain actions by persons (real or legal, ie, companies)punishable by the state.
Defendant
The party defending a civil or criminal law action.
Enacted Law
the law made by parliament and known as statue law, legislation, Acts of parliament or delegated legislation.
Equity
The body of rules concerned with fairness and justice, originally formulated and administered but the Courts of Chancery to supplement the common law but which are now fused and applied together with the common law.
Hierarchy of Courts
That each court sits in a hierarchy of importance, which determines what matters and appeals they can hear, and whether they create precedent.
Law Report
Cases decided by intermediate and superior courts are recorded in law reports and are available to those researching law.
Natural Justice
Inherent rules of fairness in law such as the right to representation, right of notice of hearting, etc.
Obiter Dicta
Matters stated by the judge/s, considerations and statements leading up to the ration decidendi.
Plaintiff
The party bringing a civil law action and on whom the onus of proof lies (to prove their case on the balance of probabilities.
Precedent
A case (containing a principle of law) decided in a court which will be applied in other courts.
Private Law
That body of legal rules that deals with situations involving relationships between persons or organisations (eg, contract law, tort law).
Procedural Law
The rules of court and judicial procedure and evidence.
Public Law
Law concerned with the relationship that exists between governments and the people (eg, criminal law).
Ratio Decidendi
The reason for the decision given by the court/judge which may then form the basis of a precedent.
Referendum
A vote by the Australian people on matters such as a change to the Australian constitution, or some other matter put to the people by the government.
Respondent
The party defending an appeal.
