Doctrine of Precedent
Division of Powers
Seperation of Powers
General
100
The common law principal which binds a judge or magistrate to follow previous or similar decisions of higher courts in the same hierarchy.
What is Doctrine of Precedent Bonus 10 points for the Latin translation.
100
Powers exclusively granted to the Commonwealth Parliment
What is Exclusive powers
100
Where Commonwealth government is separated into three independent functions
What is Separation of powers.
100
A rule that a court will enforce
Rule of Law
200
Non binding precedent that a court may choose to follow
What is Persuasive precedent
200
The power granted to the commonwealth jointly shared with the states.
What is Concurrent Power
200
Interpretation, adjudication and enforcement
What is Judicial power
200
Develops through a series of court cases and relies on legal principals.
What is Unwritten or Common Law
300
The key legal reason for the decision
What is Ratio decidendi
300
Power that is not exclusive of concurrent
What is Residual powers
300
Law making power controlled by Parliament.
What is Legislative Power
300
The courts look to the normal and generally accepted meaning of the words used in the statutory provision
What is The literal rule
400
comments made "by the way" not affecting the outcomes of the key legal reason
What is Obiter dicta
400
Restricts the legislative capacity of the Commonwealth
What is Division of powers.
400
Power held to govern and administer the law.
What is Executive power
400
Developed to overcome an unjust or unfair common law outcome
What is Equity
500
It has a particular importance in shaping common law in ALL jurisdictions.
What is High Court of Australia.
500
Removed all remaining legal links between the Australian and British governments.
What is The Australia Act (1986)
500
The framwork for law making abilities
What is The Constitution
500
Original jurisdiction to $100,000. No appellate jurisdiction.
What is: Magistrates Court
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