Exam Flashcards
Study (35 cards)
Jurisdiction
the official power to make legal decisions and judgements
Original jurisdiction
the authority to hear cases for the first time at the level in the court structure
Appellate jurisdiction
the authority to hear cases brought on appeal from a lower court in the hierarchy
Legal Justice
applying legal rules to regulates actions which society requires for the common good.
Social Justice
justice in terms of the distribution of wealth, opportunities, and privileges within a society.
Natural Justice
for the rule against bias and the right to a fair hearing
Purpose of our criminal laws
uphold the rule of law in order to achieve justice and equity for stakeholders involved
Just (outcome)
legally right, conforming to that which is lawful, fair and proper in the circumstances
Equitable (outcome)
even and impartial ensuring balance between the rule of law, and the rights individuals and society
Rule of law
That everyone is equal before the law and the government is subject to the law
Rule of law (concept)
implies the subordination of the government (the executive, the legislature and the judiciary) to ensure they follow the rule of law and cannot act unfairly without reason
Statute law
Law made by parliament. There are 3 levels: 1) Federal (commonwealth) parliament, 2) State and Territory Parliaments, Including Queensland Parliament, 3) Local authorities (coucils and shires)
Common law
Law made by judges. Also known as case law and judge made law.
Judicial precedent
the process by which judges make law
Customary Law
historical development of law based on customs (a traditional and widely accepted way of behaving or doing something that is specific to a particular society, place, or time). For example Aboriginal and Torres Strait
The Constitutional Powers (division of power)
Exclusive: power only exercised by the Commonwealth. Concurrent: power that may be exercised by either the Commonwealth or the States. Residual: powers exercised by the States
Australian constitution
Commonwealth of Australia Constitution Act 1901. The primary piece of legislation, giving all levels of government throughout the country their powers and their authority or jurisdiction to make laws for the people they represent.
Constitution
the set of rules that specify the powers, responsibilities and roles of the governing bodies within a state or a country.
Onus of proof
- inextricably linked to the presumption of innocence.
- prosecutions responsibility of persuading the arbiter of fact (e.g. the jury, the magistrate, etc.) that the accused is guilty of commiting the offence charged
Standard of proof
the level of certainty and degree of evidence necessary to establish proof in a criminal or civil proceeding.
Effective Law characteristics
Be enforceable, be known, be clear and understood, be stable. Reflect societies values meaning it must be in line with societies current values so that people are more inclined to obey the law than disregard it.
Offences and Regulatory Offences
prohibited by legislation and carries a fine as its maximum penalty ($150 or less)
Summary Offence
Simple or less serious criminal offence heard by a magistrate
Indictable Offence
More serious criminal offence that requires a hearing and trial
