Definitions
Laws made by parliament and written down in legislation, e.g The Crimes Act 1958
What is statute law?
The court at the top of the Australian hierarchy, whose decisions are final and binding on all lower courts.
What is the High Court of Australia?
The rule that a legal principle that has been established by a superior court should be followed in other similar cases by that court and other courts.
What is the doctrine of precedent?
The person who was found guilty of murdering three relatives by serving a Beef Wellington that contained death cap mushrooms.
Who is Erin Patterson?
Fairness, equality and this principle, meaning people understand their legal rights and can pursue their case
What is access?
The areas of law in which a court has the power to hear cases and make decisions.
What is jurisdiction?
The Victorian court that hears minor offences like traffic matters.
What is the Magistrates' Court?
A decision that must be followed by lower courts in the same hierarchy.
What is binding precedent?
The state-sanctioned killing of a person as punishment for actual or supposed misconduct.
What is capital punishment?
Media coverage that creates a public perception of guilt or innocence before a verdict
What is a trial by media?
Details about the offender or offence that tend to reduce the severity of a sentence (e.g. remorse, early guilty plea).
What are mitigating factors?
The power of a court to hear a case on appeal.
What is appellate jurisdiction?
A Queensland court decision would be this type of precedent in a Victorian court.
What is persuasive precedent?
The purpose of sentencing that discourages the offender or other people from the same or similar offending
A court order restricting the publication of information about legal proceedings
What is a suppression order?
The principle that the power to make and manage laws is shared between different groups (parliament, executive, judiciary), so no single group has all the power.
What is the separation of powers?
The Victorian court that hears trials for serious indictable offences like murder.
What is the Supreme Court (Trial Division)?
The court decided as a result of a legal case involving a customer consuming ginger beer with a snail in it, that companies/manufacturers owe consumers a duty of care and established this legal concept.
What is negligence?
Prior criminal history, premeditation and a particularly vulnerable victim are examples of these.
What are aggravating factors?
What a person is called before the accused has been found guilty, before they become a “victim.”
What is a complainant?
The principle that statute law will always override common law.
What is parliamentary supremacy?
A separating couple disputing parenting arrangements would have their case heard in this federal court.
What is the Federal Circuit and Family Court of Australia?
What is a civil law legal system?
The purpose of sentencing that sends a message to the community that the offender’s behaviour is wrong.
What is denunciation?
A victim can prepare this document about how the crime affected them, for the judge to consider at sentencing
What is a Victim Impact Statement?