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Flashcards in sources of contemporary australian law common law Deck (14)
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what are the two meanings of common law

1. the law made by judges according to the doctrine of precedent
2.the legal system developed in England and evolved into the adversarial system


what are the origins of the adversarial system

-england, each village would conduct their own trial with physical fights
-people were hired to fight on others behalf
-then they would verbally fight
-evolved into adversarial system


what is the adversarial system

two sides of case try to prove their version and disprove the other side


what is hearsay evidence

evidence given by a person about what they heard another person said, NON ADMISSABLE


what is opinion evidence

a person can not give his/her opinion in court about another persons unless they are an expert in that field


can a judge/magistrate/jury test evidence



diasvantages of adversarial system

there are claims it creates a legal system where a case is won by the most persuasive argument


what is the order of the court hierarchy (low to high)

-local court
-district court
-supreme court
-high court


what is appealing

when a court case is decided in a lower court and the outcome is not just then this may be re-trialed in higher courts


what is a prescedent

when courts use decisions made in earlier cases to help decide the outcome of a similar case under consideration


2 main ways precedent is developed

1. when a single judge arrives at a decisions when there is no existing common law or statute law, the judge must then rely on common sense and principles of the law to make a decisions the way judges interpret legislation, courts need to interpret law to determine the meaning on certain words


rules of precedent

-lower courts are bound to follow precedent (binding precedent)
-superior courts do not have to follow decisions but can use them to assist a decision (persuasive precedent)


what are the equity courts

-isolated principles
-valid only to those specifies by the court
-in the event of a very unfair outcome


summary and indictable offenses

summary: minor put into local court
indictable: major put into district or above