Basic Legal Concepts
Directions for certain situations for certain groups of people
What is a rule?
Laws created by state and federal parliament
What is statute law/legislation?
The highest court in Australia
What is the High Court?
What is the lower house of Federal Parliament?
The standard of proof for a criminal case
What is Beyond Reasonable Doubt?
A state of disorder due to absence of authority or laws
What is anarchy?
Decisions made in higher courts for similar cases must be followed
What is the doctrine of precedent?
Separation between state and federal power
What is the division of powers?
Power that can be exercised by both state and federal government
What are concurrent powers?
The party that has the burden of proof in a civil case
What is a plaintiff?
Established patterns of behaviour in society
What is a custom?
Two parties argue in court to determine the winner
What is adversarial trial system?
When parliament gives power to local councils to make laws
What is delegated legislation?
The right of a nation-state to be in charge of its own affairs
What is tort law?
Everyone must be subject to the same law
What is the rule of law?
A court that deals with summary offences
What is Local Court?
Diverse nature, spiritual basis, family, kinship, mediation
What is ATSI customary law?
A binding international law
What is a treaty/convention/covenant?
12 people
How many people are on a jury in a criminal matter?
The right to be heard and the right to an unbiased decision maker
What is procedural fairness?
The power to hear a case for the first time before any appeals
What is original jurisdiction?
A court that deals with conflicts between 2 countries
What is the International Court of Justice?
General Assembly, Security Council, International Court of Justice
What are the 3 parts of the UN?
Laws that regulate relationships between the person and the state
What is public law?