legal concepts
What is authority, consequence and regulation?
This is the type of democracy that does not exist in Australia.
What is a direct democracy?
This type of jurisdiction refers to hearing a case for the first time.
What is original jurisdiction?
This is the court for small claims up to $25,000.
What is QCAT? Queensland Civil and Administrative Tribunal.
This is the lower house of the Commonwealth Parliament where government is formed.
What is the House of Representatives?
This ensures that checks and balances are in place and there is a shared distribution of power between the arms of government.
What is the separation of powers doctrine?
The arm of government with the power to interpret laws.
What is the judiciary?
This type of jurisdiction refers to reviewing a decision of a lower court.
What is appellate jurisdiction?
The lowest court in Queensland’s hierarchy that deals with minor criminal matters and civil disputes up to $150,000.
What is the Magistrates Court?
This is the upper house of the Commonwealth Parliament that represents the states equally.
This means two houses of parliament.
What is bicameral?
The principle that no one is above the law and the government is subject to the law.
What is the rule of law?
This is the process by which judges make law.
What is judicial precedent?
This court hears serious criminal offences such as armed robbery and serious assualt.
What is the District Court of Queensland?
This official represents the Crown at the state level and gives Royal Assent to bills.
Who is the Governor?
The allocation of law-making authority between the Commonwealth and the States under the Australian Constitution.
What is the division of powers?
An independent judiciary, parliamentary scrutiny and the presumption of innocence are essential to uphold this principle.
What is the rule of law?
This is a precedent which a judge is obliged to follow.
What is a binding precedent?
This is the original jurisdiction for civil disputes in the District Court
What is $150,000 to $750,000?
This is the process for changing the Consitution?
What is a referendum?
This branch of government makes statute law.
What is the legislative branch or the legislature?
The person who signs a bill to give it Royal Assent at the federal level.
Who is the Governor General?
A defendant is charged with simple assault in Queensland. In which court would the matter be heard at first instance? What is the sequence of courts the case would proceed through if the defendant appealed the decision all the way to Australia’s highest court.
First instance (original jurisdiction): Magistrates Court of Queensland
First appeal (appellate jurisdiction): District Court of Queensland
Second appeal: Queensland Court of Appeal (a division of the Supreme Court)
Final appeal: High Court of Australia (special leave required)
Appeals from the District Court are heard by this division of the Supreme Court.
What is the Supreme Court - Court of Appeal (Qld) or the Supreme Court Trials Division?
The section of the Constitution which deals with the legislative inconsistency between federal and state laws and declares that valid federal laws override any inconsistent State laws.
What is section 109?