Unit 3 AOS 1
A serious offence generally heard before a judge and a jury in the County Court or Supreme Court of Victoria
What is an indictable offence?
A legal proceeding in which a group of people who have a claim based on similar or related facts bring that claim to court in the name of one person also called a class action or a group proceeding
What is a representative proceedings?
Powers in the Australian Constitution that only the Commonwealth Parliament can exercise (as opposed to residual powers and concurrent powers)
e.g. naval and military forces, coining
What is exclusive powers?
The process of constantly updating and changing the law so it remains relevant and effective
What is law reform?
A formal, written request to the government to take some action or implement law reform
quick and easy to organise
can be effective if accompanied by a lot of signatures showing broad support
What is a petition?
An accused is entitled to have their charges heard in a timely manner.
What is right to be tried without reasonable delay?
The restriction on bringing a civil claim after the allowed time
What is limitation of actions?
A group consisting of the prime minister and senior ministers (at the Commonwealth level) or premier and senior ministers (at the state level)
responsible for administering and implementing the law by giving advice about the government and government departments
Executive Council
The highest form of inquiry into matters of public concern and importance.
What are Royal Commissions?
If there is a conflict between a state and Commonwealth law, then the Commonwealth law prevails and the state law is invalid to the extent of the inconsistency.
What is section 109?
A non-custodial sanction (i.e. one that doesn't involve a prison sentence) that the offender serves in the community, with conditions attached to the order
What is a community correction order (CCO)?
Pleadings
A pre-trial procedure during which documents are filed and exchanged between the plaintiff and the defendant and which state the claims and the defences in the dispute
Independent members of parliament or members of minor parties (i.e. not members of the government or opposition). They are named after the seating area provided for them.
What is a crossbencher?
Instructions given to a formal body (e.g. a law reform body or royal commission) to investigate an important matter. Terms of reference set out the precise scope and purpose of the inquiry and the date by which the final report must be completed
What is terms of reference?
A principle established by the Australian Constitution that ensures the three powers of our parliamentary system (i.e. executive power, legislative power and judicial power) remain separate.
What is the seperation of power?
One purpose of a sanction a process by which the court can discourage the offender and others in the community from committing similar offences
What is deterrence
A method used by courts and tribunals to control the progress of legal cases more effectively and efficiently.
What is case management?
A legally binding agreement between countries or intergovernmental organisations which is in written form and is governed by international law
Whatis an international treaty?
To cancel or abolish a court-made law by passing an Act of Parliament
Abrogate
A Latin term meaning 'beyond the powers' a law made beyond (i.e. outside) the powers of the parliament
what is ultra vires?
The pre-trial discussions that take place between the prosecution and the accused, aimed at resolving the case by agreeing on an outcome to the criminal charges laid
What is a plea negotiation?
The most common remedy in a civil claim an amount of money that the court (or tribunal) orders one party to pay to another
What is damages?
Cth is not able to expand beyond what is in the treaty
Must be a bona fide (genuine) agreement
Cannot conflict with express rights
Most High Court cases so far have interpreted applied to treaties, not declarations. However, it is likely that these would be upheld also.
What is the limitations of international treaties?
The process by which a lower court decides that the material facts of a case are sufficiently different to that of a case in which a precedent was established by a superior court so that they are not bound to follow it?
Distinguishing precedent
How many middle names does Ms Zirkler have?
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