legal Flashcards
(43 cards)
What is obiter dicta?
A judges expression of opinion that is not essential to the decision and not legally binding as precedent.
Obiter dicta can provide insight into a judge’s reasoning but does not have to be followed in future cases.
Define ratio decidendi.
The rule of law on which a judicial decision is based.
Ratio decidendi forms the binding element of a court’s decision and must be followed by lower courts.
What is jurisdiction?
The power of courts to make decisions and judgments over certain cases due to their nature.
Jurisdiction can be limited to specific types of cases, geographical areas, or levels of courts.
What is a code in legal terms?
A section of law where all acts relating to that section have been codified.
Codes simplify legal references by consolidating related laws into one document.
What does justice refer to?
Fairness, moral righteousness, and equitable treatment.
Justice is a fundamental principle in the legal system, ensuring that all individuals receive fair treatment.
What are equitable outcomes?
Outcomes of a legal matter that aim to result in justice and fairness for all parties.
Equitable outcomes seek to balance the interests and rights of all involved.
What is the rule of law?
The principle that no one is above the law.
This concept underpins democratic governance and the legal system.
Define crime.
An act or omission that is injurious to public welfare for which punishment is prescribed by law.
Crimes are categorized into various types, including felonies and misdemeanors.
What is statute law?
Laws created by the legislative part of government (parliament).
Statute law is distinct from common law, which is derived from judicial decisions.
What is common law?
Law created by precedent in legal cases that helps rule over future similar cases.
Common law evolves over time through judicial interpretations and rulings.
Define customary law.
Traditions and ideals of specific communities that govern them.
Customary law may vary significantly between different cultures and communities.
What is onus of proof?
The obligation of the prosecution/plaintiff to prove the accused’s guilt.
The onus of proof is crucial in determining the outcome of legal proceedings.
What is the standard of proof in a criminal case?
Beyond reasonable doubt.
This is a high standard that requires the prosecution to eliminate reasonable doubts about the accused’s guilt.
What is the standard of proof in a civil case?
On the balance of probabilities.
This standard is lower than in criminal cases, focusing on what is more likely true.
What are the arms of government?
Executive, judicial, legislative.
Each arm has distinct functions and responsibilities to maintain checks and balances.
What is the division of powers?
The powers granted to different levels of government, including exclusive, residual, and concurrent powers.
This division helps prevent any one level of government from becoming too powerful.
What is the Australian constitution?
The basis of law in Australia outlining rights, law-making processes, and government formation.
The constitution is a meta law that governs how laws are created and amended.
Define the doctrine of precedent.
Ensuring similar outcomes between similar cases, with binding and persuasive precedents.
Binding precedents must be followed, while persuasive precedents can influence but do not have to be adhered to.
What is the adversarial system?
A court system where two parties argue their case before an impartial judge.
The burden of proof lies with the prosecution in this system.
What is the inquisitorial system?
A system where the judge actively investigates the facts of the case.
The accused is required to prove their innocence under this system.
What are the elements of the rule of law?
Subject and accountable to the law, clear and enforced law, independent court system, presumption of innocence, no arbitrary arrest.
These elements ensure fairness and justice within the legal system.
What is the difference between onus of proof and standard of proof?
Onus of proof is who must prove guilt; standard of proof is the level of certainty required to establish guilt.
In criminal cases, the standard is beyond reasonable doubt, while in civil cases it is the balance of probabilities.
Describe the court hierarchy in Australia.
High Court, Supreme Court, District Court, Magistrate Court.
The High Court has binding precedent over all lower courts.
What is a summary offence?
A minor offence usually heard in a magistrate’s court.
Summary offences are typically less severe than indictable offences.
