Legal Concepts
Everyone is equal before the law, including government.
What is the rule of law mean?
Law made by judges through decisions in courts.
What is common law?
Local Court.
What is the lowest court?
Enforce laws, investigate crimes, protect the public.
What is the police?
Rules and agreements that govern relations between states.
What is international law?
Rules are made by groups/organisations, laws are made by recognised authorities and enforced by the state.
What is the difference between a rule and a law?
Law made by parliament (legislation).
What is statute law?
Serious criminal cases (except murder/treason) and civil claims up to $750,000.
What is the District Court
Prosecutes serious criminal offences on behalf of the state.
What is the Director of Public Prosecutions (DPP)?
A binding agreement between states under international law.
What is a treaty?
Achieving fairness, equality, and access in the legal system.
What is Justice?
Ensures consistency by requiring courts to follow earlier decisions in similar cases.
What is precedent?
Interprets the Constitution, hears appeals, and resolves disputes of national importance.
What is the High Court?
Provides affordable legal advice and representation to those who cannot afford it.
What is Legal Aid?
A nation’s right to govern itself without interference from other states.
What is state sovereignty?
Division of government into legislative, executive, and judicial branches.
What is the separation of powers?
Kinship rules, connection to land.
What is Indigenous Customary Law?
A court’s authority to hear appeals from lower courts.
What is appellate jurisdiction?
Legal system where two opposing sides present their case before an impartial judge/jury.
What is the adversarial system?
Ratified treaties can be incorporated into domestic legislation; persuasive precedent in courts.
How can international law can influence Australian law?
Judges are free from political influence; ensures fair decisions and rule of law.
What is judicial independence?
Establishes the system of government, division of powers, and High Court’s role.
What is the Constitution?
Original jurisdiction is the power to hear certain cases first
What is Original jurisdiction?
Non-Government Organisation, e.g., Amnesty International promoting human rights.
What is an NGO?
United Nations, International Court of Justice, International Criminal Court
What is an International Organisation?