Sources of contemporary law Flashcards
What is common law?
judge made law
What is equity?
a branch of law concerned with fairness and justice and is administered in special courts
What is precedent?
a legal case that establishes a principle or rule which may then be used by court or judicial bodies when deciding later cases with similar issues.
What is the adversarial system of trial?
a legal system used in the common law countries where two advocates represent their parties case or decision.
What are the 4 tiers of courts in the court hierarchy?
High court, supreme court, district court, local court
What are the factors of jurisdiction of state courts?
Applies only to people living in that state, and can interpret its own laws
What are the factors of jurisdiction of federal courts?
applies to all Australians regardless of which state they live in, and hears cases on matters that relate to all of Australia.
Define statute law
comes from the parliament and is made by members of parliament who are elected by the population
Outline the role and structure of parliament
Structure: Federal, state and delegated
Role: to govern us
What is the legislative process and what is an example?
when a bill becomes an act. eg Australian bill of rights bill 2019
What are the factors of delegated legislation?
can be made by councils, ministers or the governor general and looks after less important laws with the aim of saving time for the parliament
What are the factors of constitutional law?
Created by the federal government and lists the powers of the federal and state government.
Define division of powers
Divides powers from federal and residual powers
Define separation of powers
the separation of legislature, judiciary and executive powers to check and balance each other
What is the role of the high court?
to interpret and apply the law and the constitution
