Politics and Law Flashcards
(22 cards)
Statute Law
Statute law is a law created in parliament that goes through several stages until it becomes a law.
Written law passed by a body of the legislature, beginning in the HOR i(s it voted on). If it makes it through the HOR and Senate, it goes to governor-general and becomes an act of parliament
Common Law
Common law are laws created by judges on a case-by-case basis
Burden of proof
defendant is always presumed innocent until proven guilty
Magistrate court
Lowest court in Australia. Civil: $0-75,000. Example: Trespass, Driving under influence, stealing, possession on illegal substances.
Civil jurisdiction
disputes that are not criminal (divorce, suing)
Adversarial system
A system where two advocates (lawyers) speak for their parties’ case for an impartial person or group of people (jury or judge) who try to determine the truth and pass judgment accordingly
Appeal
The legal process to ask a higher court to review a decision by a judge in a lower court because either new evidence is found, or you believe that the judge has made a mistake.
Prosecutor
assess evidence, draft charges and provide legal advice and help investigators such as the police
District Court
Intermediate Courts. Civil: $75,001 - $750,000. Examples of crime cases: Assault, Robbery, Selling Illegal Substances.
Criminal jurisdiction
disputes that are criminal (murder, assault, robbery)
Judge
to interpret how a law applies to a particular situation
Jury
make a decision about the outcome of the trial.
Trial process
the opening proceeding- oath (performed by the clerk)
examination of evidence- jury, and judge
questioning of the defendant- including witnesses
and the closing arguments.
Commenwealth courts
Consists of the family courts, federal court, and federal magistrate court.
Defendant
a person who is the party either accused of committing a crime
Clerk
A court clerk is an officer of the court whose responsibilities include maintaining records of a court. Another duty is to administer oaths to witnesses, jurors, and grand jurors
Supreme Court
Civil :$750,000+.
Crime: Murder, Rape
Indictable offence
More serious offences such as robbery and manslaughter. This case will often be initially heard in a Magistrates court at a committal hearing, to then be heard in either the District or Supreme Court at a later dates
Independent judiciary
The judiciary is independent of the legislative and executive. No one is above the law. This involves everyone who is involved in the judicial process e.g. judge
Summary offence
Less serious offences such as DUI which will be heard by a Magistrate.
Trial by media
Journalists attend court proceedings when they are seen to be in the public interest. The media’s role is to hold people in power to account, and to report and explain stories of interest and concern to the public. This will often include coverage of court cases
coronial inquest
investigation of the recent crime
