Latin
What does 'stare decisis' mean?
Stare decisis, meaning in Latin “to stand by things decided,” is a legal principle that directs courts to adhere to previous judgments — or judgments of higher or tribunals — as it has persuasive and binding authority while resolving a case with allegedly comparable facts.
What does the 'separation of powers' means?
The ‘separation of powers’ is the principle that the power to make and manage laws should be shared between different groups—the Parliament, the Executive and the Judiciary—to avoid one group having all the power.
What is a 'jury'?
A jury is a collection of average citizens, 12 for criminal trials and 6 for civil trials, who are selected at random to sit in the courtroom, hear the arguments of both sides, listen to all the evidence, and then, as a group, come to a verdict.
What does the legal abbreviation of 'J' stand for?
Judge/Justice
What does 'Independent Judiciary' mean?
The ability of courts and judges to perform their duties free of influence or control by other actors, whether governmental or private.
What does 'ratio decidendi' mean?
Ratio decidendi is a Latin phrase meaning "the reason" or "the rationale for the decision". The ratio decidendi is "the point in a case that determines the judgement" or "the principle that the case establishes".
What does the term 'law making' mean?
'Law making' refers to the law making process in parliament.
As an Australian legal term, what does 'The Crown' refer to?
In Australia, when we refer to `The Crown' we are referring to the Australian Executive, of which the Sovereign is head, acting in a legal capacity.
What does the legal abbreviation of 'JJ' stand for?
Justices/Judges
What are the three principles of the 'Rule of Law?'
The three principles of the Rule of Law are laws that are certain, general and applied equally.
What does 'obiter dictum' mean?
Latin for "something said in passing." A comment, suggestion, or observation made by a judge in an opinion that is not necessary to resolve the case, and as such, it is not legally binding on other courts but may still be cited as persuasive authority in future litigation.
What does 'Representative Government' mean?
It is when the people elect members of Parliament to represent them.
What is the highest court in Australia?
The High Court of Australia.
What does the legal abbreviation of 'AJ' stand for?
Acting Judge
What does the term 'due process' mean?
The conduct of legal proceedings according to established principles and procedures, designed to ensure a fair trial.
What does 'prima facia' mean?
The term prima facie is used in modern legal English (including both civil law and criminal law) to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case.
What does 'Parliamentary Sovereignty' mean?
Parliament has the right to make, amend or repeal any law—within the limits of the Constitution.
In law, what is a judgement?
In law, a judgment is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court's explanation of why it has chosen to make a particular court order.
What does the legal abbreviation of 'CJ' stand for?
Chief Justice
What is 'Case Law'?
Case law is law developed by judges in courts. Case law research involves reading legal judgments, understanding the reasons behind a judgment and how the law has been interpreted by a judge.
What does 'terra nullius' mean?
This Latin term means “land belonging to no one”, which has been interpreted as a complete absence of people and additionally the absence of “civilised” people capable of land ownership.
What is the 'Cabinet' in the Australian government?
The Cabinet is a group of top-level members of the Australian Government. It includes the Prime Minister and about 20 ministers who are part of the executive government.
What is a barrister?
Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, researching the law and giving legal opinions.
What does the legal abbreviation of 'JA' stand for?
Justice of Appeal
This means that each party to the case presents argument and evidence in support of his or her version of events to the court, and the court decides whether the party that commenced proceedings has proved their version of events to the relevant standard