Term 1 Flashcards
(42 cards)
Jurisdiction
The power or authority of a court to hear and try a case, including the geographic area in which a court has power or the types of cases it has power to hear
Code
A written form of the laws of a society; may also indicate appropriate sanctions for a breach of the code
Justice
the maintenance or administration of what is just especially by the impartial adjustment of conflicting claims or the assignment of merited rewards or punishments
Equitable
Even and impartial; balance between the rule of law and the rights and freedoms of individuals and society; impartial and fair outcome or result where the statute law is silent
Rule of law
The principle that all people are subject to the law and equal before the law
Crime
An act or omission punishable by the state
Statute law
The most common form of law within our society. It is a law passed by parliament that can cover any topic and it takes precedence over common law
Common law
The body of laws made through decisions of the courts, as distinct from statute law also referred to as judge made laws
Customary law
The practices and systems among Aboriginal people that have developed over time, regulating behavior and connecting people with each other and the land through a system of relationships
Onus of proof
The responsibility of proving a disputed charge or allegation; lies with the person making the allegation
Standard of proof
(1) In a criminal proceeding, the court is not to find the case of the prosecution proved unless it is satisfied that it has been proved beyond a reasonable doubt. (2) In a civil proceeding, the court is to find the case of a defendant proved if it is satisfied that the case has been proved on the balance of probabilities
What are the Arms of government?
Legislative, judicial and executive
Legislative power
The making of the law and rests with the government
Executive power
The implementing or carrying out of law and is handled by the Ministers of the Government. Such as the police
Judicial power
The interpretation of the law and is carried out by the courts
What are the Government powers?
Residual, concurrent and exclusive
Exclusive powers
The powers given to the federal government by the Constitution, such as defence, immigration and customs
Concurrent powers
Powers under the Constitution that may be Excersises by both the Commonwealth and the states
Residual powers
The legislative powers by covered in section 51 of the Constitution, which remain with the states
The Australian Constitution
The set of basic rules by which a country or state is governed.
Adversarial System
A system of law in which each side presents evidence in order to prove their case
Inquisitorial System
A method of legal
The accused
A person who is charged and on trial for a crime but who has not yet been found guilty
A suspect
A person who is thought to have
committed a crime and is being investigated
