Court Structure
What is the lowest court in the hierarchy, and what does it deal with?
Local / Magistrates Court, dealing with minor criminal and civil matters.
Which landmark 1992 High Court case overturned the doctrine of terra nullius?
Mabo v Queensland (No 2)
Equity means all people are treated the same under the law, regardless of status
What term describes shifts in what a community considers acceptable, fair or desirable?
Changing Societal Values
What is the formal process of accusing a person of committing an offence called?
Being Charged
What is a court's authority to hear and decide a case called?
Jurisdiction
What system developed from petitions to the King, based on fairness, to address the limits of common law?
Equity
What principle requires everyone, including the government, to be equally subject to and bound by the law?
The rule of law
What type of major public inquiry, ordered by government, can investigate an issue and recommend reform?
A Royal Commission
What standard of proof is required to convict someone in a criminal trial?
Beyond Reasonable Doubt
What is the process of asking a higher court to review a lower court's decision called? (Bonus points for an example)
An appeal
What system of law developed through judges' decisions, applied consistently across the country?
Common Law
What term describes courts operating free from political interference?
Judicial independence
Which body's job is to independently review laws and recommend changes to parliament?
A Law Reform Commission
What pre-trial hearing decides whether there's enough evidence for an indictable matter to go to trial?
A committal hearing
What is the highest court in the Australian court hierarchy?
The High Court of Australia
What type of Legal system do we have?
Adversarial System
What principle divides government into legislative, executive and judicial branches to prevent the abuse of power?
Separation of powers
What is it called when parliament amends or creates legislation?
Statute law reform
What are the two stages of questioning a witness in a criminal trial called?
Examination-in-chief and cross-examination
What doctrine means a decision of a higher court binds lower courts within the same hierarchy?
Stare decisis (the doctrine of precedent)
What Latin term refers to the binding legal reasoning in a judgment?
Ratio decidendi
Certain hearings must give the affected person a chance to know the case against them and respond. Which legal value does this reflect?
Procedural Fairness
What Act did federal Parliament pass in 1993 to establish processes for claiming native title following Mabo?
The Native Title Act 1993 (Cth)
What is a person's release from custody while awaiting trial called?
Bail