Basic Legal Concepts
The principle that laws apply equally to all individuals, regardless of status.
Rule of law
Law developed through decisions made by judges in courts.
Common law
The lowest court in the Australian hierarchy, where magistrates hear summary offences.
Local Court
A legal document that outlines the fundamental principles of a country’s government.
Constitution
An agreement between two or more nations that is legally binding.
Treaty
This term refers to a traditional practice that influences the legal system but is not legally binding.
Custom
A law created in Parliament.
Statute law
The type of offence that is more serious and requires a trial by judge or jury.
Indictable offence
A legislative system with two houses of Parliament (HINT: bi........)
Bichemeral
A statement of principles and intentions in international law, but not legally binding.
Declaration
The fairness of legal procedures, ensuring both parties have a chance to present their case.
Procedural fairness
A legal principle set by higher courts that must be followed by lower courts in similar cases.
Precedent
The court that hears the most serious criminal cases and civil disputes over $750,000.
Supreme Court
A formal proposal for a new law that must pass through Parliament.
Bill
The process by which a country formally agrees to a treaty and makes it part of its domestic law.
Ratification
A fair and impartial hearing that ensures justice is served.
Fair trial
A legal decision from another jurisdiction or a lower court that may influence but does not have to be followed.
Persuasive precedent
The highest court in Australia, responsible for interpreting the Constitution.
High Court
A vote by the public to change the Constitution.
Referendum
The main judicial organ of the United Nations, which settles disputes between nations.
International Court of Justice
A state of lawlessness, often due to the absence of government or law enforcement.
Anarchy
The process of challenging a court’s decision in a higher court.
Appeal
This specialised court deals with matters involving the environment and land disputes.
Land and Environment Court
This principle divides government power among the legislative, executive, and judicial branches to prevent any one branch from becoming too powerful.
Separation of powers
The branch of the United Nations responsible for maintaining international peace and security.
Security Council