Doctrines
_______________ should be known to the public, Clear and easy to understand, able to be enforced & applied fairly, Accepted by all citizens etc.
Effective laws
The official power to make legal decisions and judgements.
Jurisdiction
The standard of proof in a criminal trial is
Beyond reasonable doubt
The source of law created by parliament
Statute law
A principle under which all persons are subject to the law regardless of their status.
Rule of Law
The branch of the government that interprets the law
Judiciary
The onus (burden) of proof in criminal trials rest with the
Prosecution/Crown
The source of law created by judges.
Common law
The vesting of the legislative, executive, and judiciary powers of government in separate bodies.
Separation of Powers
Latin: the intention or knowledge of wrongdoing that constitutes part of a crime.
Mens Rea
Top of Court Hierarchy in Australia. Last point of appeal
High Court of Australia
The most important document in Australian law. Can only be changed by a referendum.
Australian Constitution 1900 (Cth)
Rule outlines that principles established by a superior court should be followed in other similar cases by lower court.
Doctrine of precedent
Latin: An action or omission which constitutes an offence and is punishable by law.
Actus Reus
The purpose of criminal law is to control behaviour i.e. C______, R_________ and P_________ individuals' actions
Compel, restrict and prohibit
The legal documents that outlines most indictable offences in Australia including murder.
Criminal Code Qld (1899)