Contempoary Australian Law Flashcards
(41 cards)
System of precedent
A judgement made by a court that establishes a point of law and serves to provide guidance for deciding cases that have similar facts
Cross examination
Barrister has the opportunity to test the evidence of the opposing side by questioning their witness
Common law system
Made by judges
The rules are derived in part from specific court rulings
Adversarial
Equity
Rules of equity always override common law
The body of law that supplements the common law and corrects in justice by judging each case on its merits and applying principles of fairness
Precedent developed by
A decision made by a judge in a court of common law
Types of courts in order
Local District Supreme Criminal court of appeal High
Jurisdiction
Powers of the court Authorities of the court Based geographically Seriousness of case Type of case- criminal family etc
Civil law
Protect individual rights
Criminal law
Protect society
Local court
Summary offences
Magistrate
Children’s court
Any matter, indictable or summary U18 Magistrate Closed court- no public Degree of crime may be heard in Supreme Court
Coroners court
Any suspicious death
Fire damaged property
Coroner- officer
If needed sent to a higher court for trial
Drug court
Non violent drug related crimes
Offender must plead guilty to drug use
Aim is to send them to drug rehabilitation program
District court
All indictable offences (not murder, attempted murder, serious sexual assaults)
Appeals from local court
Judge+jury officer
Supreme Court
Serious indictable offences (murder, treason)
Single judge
Court of criminal appeal
Single judge from Supreme Court
Three judges
High court
No original jurisdiction
Hears appeals from court of criminal appeal
No automatic right of appeal
Final court of appeal
Federal court system
top to bottom
Full court of high court:
Determined disputes on constitutional matter
High court:
Cases brought by or against federal government
Cases between states or residents of different states
Full court of federal court:
Appeals from single judge of federal court
Same level as above..,,,,,,,…
Full court of family court:
Appeals from single judge of family court
Federal court: Involving trade, industry, bank ruptcy In capital cities of each state On same level as above............. Family court of Australia: Involving dissolution of marriage and children of marriage
Appeals
From a courts decision must be made to a higher court
Civil case procedure
- Plaintiff claim= pleadings
- Defence counter claim
- Discovery- parties can obtain more information about each other’s arguments
- Resolution
- Trial jury and judge (cross examination)
- Compensation or damages in junction order
Eg Monica Samaan ill after eating off in acoma for 6months wanted money
Criminal case procedure
- Types of offences
- nature of offence (summary,indictable)
- where is it heard? Local, supreme etc
- by whom? Magistrate, judge
- how punished? Fine, jail, good behav - Team who defends the accused to get off charge
- Hearing to commit you to court process
- Jury receives the closing address from each side
- judge sums up case
- jury decides guilty or not
Role and stuttered of parliament
Body of elected representatives
Debates proposed legislation, passes or rejects it and amends legislation
Upper and lower houses
Delegated legislation
Made by non parliament bodies
Involves less important laws- passed by local councils
Body that makes delegated legislation is ‘enabling act’
Examples of delegated legislation
Regulations- laws made by local council, State gov etc
Ordinances- laws made from Australian territories
Rules- legislations made for gov departments
By-laws: laws made by local councils
