Unit 1 Topic 1 Flashcards
Define Jurisdiction
Power or authority of a court to hear and try a case. Includes geographic area and types of cases it has power to hear.
What is statute law?
Common form of law which is passed by a parliament that can cover any topic, it takes precedence over common law
What is common law?
Body of laws made through legal customs and decisions of the courts - as distinct from statute law. Also known as judge-made law.
What is customary law?
Practices among first nations peoples, developed over time that regulate behaviour and connect people with each other and the land
Define standard of proof
Proof beyond reasonable doubt
Define onus of proof
Duty of prosecution to successfully prove the accused’s guilt in order to produce a guilty verdict
What is an inquisitorial system?
Method of legal practice where the judge endeavors to discover facts while re[resenting interest of the state
What is an adversarial system?
System of law where sides present evidence in order to prove their case
Explain the purpose of laws within society
The rights and responsibilities that regulate how individuals and groups conduct themselves in society
What is division of powers?
The separation of powers allocated in the constitution, between state parliaments and the government
What is the Australian Constitution
Provides basic rules for the government of Australia. The fundamental law of Australia binding everybody.
Describe the parliament section for the separation of powers
The parliament makes and amends and repeals the law and derives its power from sections 1- 60 of the constitution
Describe the executive section for the separation of powers
The executive puts law into action and derives its power from sections 61-70 of the constitution
Describe the judiciary section for the separation of powers
The judiciary makes judgments from the law and derives its powers from sections 71-80 of the constitution
Describe the separation of powers
Parliament, Executive and Judiciary
Describe the rule of law
The principle that all are subject to the law and equal before the law
Describe the doctrine of precendent
A legal principle that obligates courts to apply and follow the legal decision and interpretations established in prior cases of authority
Explain the difference between a rule and a law with examples
Rules and laws both keep us safe and tell us what we should and shouldn’t do, however, both have very different roles. Rules are made by groups and enforced by leaders. For example, wearing a school uniform to school.
Laws are made by parliament and enforced by police and courts. For example, wearing a helmet while riding an E-scooter.
Explain the characteristics of an effective law
Known to the public - Ignorance of law is not an excuse, however, laws must be made known to the public to be effective.
Acceptable to the community - laws should reflect community values, for the law o be effective it must be acceptable to the community otherwise they may be inclined to disobey the law rather than go against their own values.
Able to be enforced - A law that cannot be enforced is inoperable. To be effective law enforcers must be able to catch those who break the law and bring them to justice.
Stable - constantly changing laws cause confusion in the community, therefore, laws must be stable to be effective.
Able to be changed - laws must be able to be changed as community values develop and change.
Applied consistently - consistency is a key factor of effectiveness in law. If laws are applied differently to individuals, it would not be just, making the law unfair. This would make the law ineffective and unreliable for the community.
Explain the process of statutory interpretation
To ensure these just and equitable outcomes for all citizens, it is the role of te judges and magistrates to interpret statutes. To do this consistently and to resolves questions of interpretation in Queensland, judicial officers refer to the Acts interpretation Act 1954 (Qld)
Explain the role of courts
Courts have two very important roles to play. First, courts are a place to resolve disputes. Disputes range from arguments between neighbors to seeking compensation from someone. Second, courts are a place to determine whether someone has broken the law and to uphold laws that apply to society and protect the rights of individuals
What is meant by just and equitable outcomes?
Just outcomes are legally right and conforming to the law, whereas, equitable outcomes are a balance between the rule of law and the rights and freedoms of individuals and society.
Explain in either written or diagrammatic form, the court hierarchy
Magistrate -> District Court -> Supreme Court -> High Court
Specialist Children’s Court
Federal Circuit Court -> Federal Circuit and Family Court of Australia -> High Court
Outline the process of statutory law making in Queensland parliament and include details/explanation of each step
- Introduction and First Reading: Minister introduces the law to parliament
- Committee and Consideration Report: Committee takes up to 6 months to consider bill and prepare a report
- Second Reading: minister outlines reasons for bill and responds to committee report
- Consideration in detail: house considers bill
- Third Reading: Clerk reads title 3rd and final time. Bill is passed by a majority vote
- Royal Assent: 3 copies are presented to the Governor for royal assent. Bill becomes and act of parliament.
Act becomes a law
Outline the process of statutory law making in Federal parliament and include details/explanation of each step
House of Representatives:
1. 1st reading - bill is introduced
2. 2nd reading - members debate and vote on main idea
3. 3rd reading - members vote on the bill in its final form
4. Bill Passed - in the house of representatives and sent to the senate
Senate:
1. 1st reading - bill is introduced to the senate
2. 2nd reading - senators debate and vote on main idea
3. 3rd reading - senators vote on the bill in its final form
4. Bill Passed - in the senate
Royal Assent: Governor general signs the bill
Bill becomes an act of parliament
