Basic Legal Concepts
Sources of Law
Sources of Law 2
Mystery???
Classification of Law
100
a set of rules imposed on all members of a community which are officially recognised, binding and enforceable by persons or organisations such as the police and/or courts
What is law?
100
law made by courts; historically, law common to England
What is common law?
100
criminal offences that can be dealt with by a single judge without a jury and do not require a preliminary hearing
What are summary offences?
100
principles and procedures that have developed through general usage according to the customs of a people or nation, or groups of nations
What is customary law?
100
the body of law governing relationships between individuals and the state, and the structure and operation of government itself (e.g. criminal, administrative, and constitutional law)
What is public law?
200
principles, standards, or qualities considered worthwhile or desirable within a society
What are values?
200
law made by parliament
What is statute law?
200
laws made by authorities other than parliament, who are delegated the power to do this by an Act of Parliament
What is delegated legislation?
200
the body of principles used to ensure the the fairness and justice of the decision-making procedures of courts; in Australia it generally refers to the right to present your case, the right to freedom from bias by decision- makers, and the right to a decision based on logically relevant evidence
What is natural justice?
200
monetary compensation for harm or loss suffered
What are damages?
300
collective habits or traditions that have developed in a society over a long period of time
What are customs?
300
(Latin) the legal reason for a judge's decision.
What is ratio decidendi?
300
existing at the same time; powers held by both state and federal parliaments
What are concurrent powers?
300
to formally confirm that the country intends to be bound by the treaty
What is ratification?
300
the person who initiates a civil action
Who is a plaintiff?
400
principles and procedures that have developed according to the customs of a people or nation, or groups of nations, and are treated as obligatory
What is customary law?
400
(Latin) comments from a judge in a case that are not directly relevant to the case, and therefore not legally binding
What is obiter dicta?
400
the ability or power of a court to hear appeals of the decisions of lower courts and to reject, affirm or modify those decisions
What is appellate jurisdiction?
400
a world organisation dedicated to world peace and the sovereignty and equality of all its members
What is the United Nations?
400
the degree or level of proof required in order for the plaintiff (in a civil case) or the prosecution (in a criminal case) to prove their case
What is standard of proof?
500

a Latin term meaning ‘incapable of wrong’; the presumption that a child under 10 years of age cannot be held legally responsible for his or her actions and cannot be guilty of a criminal or civil offence

What is doli incapax?

500
the powers of a court, depending on its geographic area, the type of matters that can be decided, and the type of remedies that can be sought
What is jurisdiction?
500
those remaining matters on which the states can legislate, which are not referred to in the Constitution
What are residual powers?
500

the arm of the United Nations responsible for maintaining world peace and security

What is the Security Council?

500
the responsibility of a party to prove a case in court
What is the burden of proof?
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