Untitled Deck Flashcards
What is the Australian Constitution often described as?
‘the birth certificate of a nation’
This phrase emphasizes its foundational role in establishing Australia as a nation.
What is the fundamental law of Australia?
The Australian Constitution
It binds everyone, including the Commonwealth Parliament and state parliaments.
What happens to an Act passed by Parliament if it contradicts the Constitution?
It is invalid
This highlights the supremacy of the Constitution over legislative actions.
What is common law?
Judge made laws or case law
It is developed through court decisions rather than statutes.
What is statute law?
Parliament made law or legislation
It is created through the legislative process by Parliament.
Which type of law takes precedence over the other in Australia?
Statute law takes precedence over common law
This means that if there is a conflict, statute law will be followed.
What was the Australian Constitution drafted as?
An agreement with former British self-governing colonies
This agreement allowed the colonies to unite as one nation while maintaining their own systems of government.
What does the Australian Constitution set out?
Basic principles and aspects of government in Australia
It defines the structure and powers of various levels of government.
What section of the Constitution outlines the process for changes?
Section 128
It requires approval from a majority of voters nationwide and a majority in at least four states.
What is criminal law concerned with?
Punishment of offenders
It addresses behaviors considered against society’s moral code.
Who prosecutes an individual under criminal law?
The state
This reflects the public nature of criminal prosecutions.
What does civil law govern?
Private relations between members of a community
It deals with disputes between individuals or entities.
What typically happens in a civil law case?
Private citizens or companies take another citizen or company to Court
This process seeks resolution for private disputes.
What is a civil case?
A civil case is one where an individual, group, or company sues another for injury or damage.
What is the aim of a civil case?
To get compensation or some other remedy for a wrong suffered.
What is a civil wrong called in legal terms?
Tort.
What is a criminal case?
A criminal case is where the Government brings a case against an individual for injury or damage done to another.
What happens if the accused is found guilty in a criminal case?
The accused will be punished.
List three examples of civil law.
- Torts
- Contracts
- Family Law
List three examples of criminal law.
- Criminal law procedure
- Criminal law offences
- Principles of sentencing
Who is the plaintiff?
The person bringing the case to court.
Who is the defendant in a civil case?
The person being sued.
What is the case name format in a civil case?
Plaintiff v Defendant.
Who is the appellant in an appeal?
The person bringing the appeal.
