Chapter 2: Sources Of Contemporary Aus. Law Flashcards Preview

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Flashcards in Chapter 2: Sources Of Contemporary Aus. Law Deck (104)
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1

What is common law?

A judge/court-made law.

2

What is statute law?

Parliament-made laws.

3

What is the main purpose of equity law?

To ensure fairness.

4

What is the doctrine of precedent?

When deciding cases under common law, judges follow decisions that have been made in similar cases.

5

What is another word for doctrine of precedent?

Stare decisis

6

What is the purpose of precedent?

To ensure fair treatment and that the law develops in a consistent way. Old cases are used for modern ones which limits a judges ability to be creative in their decision.

7

How many people are in a jury in a civil matter?

4-6

8

How many people are in a jury in a criminal matter?

12

9

What is a decision of a civil matter determined by?

A balance of probabilities.

10

What is a decision determined by in a criminal matter?

Beyond reasonable doubt.

11

What are the 2 levels of Australian Law?

State and Federal.

12

Can higher courts hear appeals from the lower courts and reverse them?

Yes

13

What is the court hierarchy?

HIGH COURT
⬇️
Supreme Court
⬇️
District court
⬇️
Local court

14

The Local magistrates court hears matters up to...?

$100 000

15

The district court hears matters up to...?

$100 000- $750

16

The Supreme Court hears matters up to...?

$750 000 +

17

The high court hears cases up to...?

Appeals only.

18

What does the local court deal with?

Summary and minor offences.

19

What does the district court deal with?

Crimes such as robbery, assault and dangerous driving.

20

What does the Supreme Court deal with?

Major indictable offences such as murder, kidnapping and major conspiracy.

21

What does the high court deal with?

Appeals from lower courts.

22

What is a summary offence?

A minor offence such as shop living. These are heard in a local court with no jury, normally.

23

What is an indictable offence?

More serious offences such as murder and assault and normally include a preliminary hearing, jury and great penalty.

24

What is the purpose of a preliminary/committal hearing?

In the case of indictable offences, the magistrate will listen to an outline of the evidence and determine whether or not the prosecution has a strong enough case to be able to try the defendant in the district/supreme court.

25

What is the role and jurisdiction of the Coroner's Court?

To ensure that unexplained and suspicious deaths, fires and explosions are sufficiently investigated. If necessary, colonial inquests are carried out in higher courts.

26

What is the role and jurisdiction of the children's court?

To deal with civil matters about the care and protection of children. Also deals with criminal cases of children under 18 at the time of the offence.

27

What is the role and jurisdiction of the land and environment court?

Takes care of enforcing environmental laws in NSW. Can deal with appeals against council rulings.

28

What is aboriginal customary laws based on?

Tradition, ritual and socially accepted conduct

29

Are aboriginal customary laws written or oral?

Oral

30

How do Indigenous societies resolve disputes?

Discussion and mediation with the Elders (as opposed to judicial processes)