Doctrine of Precedent
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
Powers granted to the Commonwealth government only
What are the Exclusive powers
Where Commonwealth government has three independent functions
What is Separation of powers.
What underlies the legal system in a democratic country
Rule of Law
Non binding precedent that a court may choose to follow
What is Persuasive precedent
The power granted to the commonwealth jointly shared with the states.
What is Concurrent Power
Interpretation, adjudication and enforcement
What is Judicial power
Develops through a series of court cases and relies on legal principals.
What is Common Law
The key legal reason for the decision
What is Ratio decidendi
Power that is not exclusive or concurrent
What are Residual powers
Law making power
What is Legislative Power
The courts look to the normal and generally accepted meaning of the words used in the statutory provision
What is The literal rule
Comments made "by the way" not affecting the outcomes of the key legal reason
What is Obiter dicta
Restricts the legislative capacity of the Commonwealth
What is Division of powers
Power held to govern and administer the law
What is Executive power
Developed to overcome an unjust or unfair common law outcome
What is Equity
It has a particular importance in shaping common law in ALL Australian jurisdictions.
What is the High Court of Australia.
Removed all remaining legal links between the Australian and British governments.
What is The Australia Act 1986 (Cth)
The framework for law making abilities
What is The Constitution
Original jurisdiction includes summary offences and disputes up to $150,000.
What is: Magistrates Court