legal concepts
This is what is considered morally right and socially acceptable.
What is a norm?
This is the type of democracy that does not exist in Australia.
What is a direct democracy?
An act committed or an omission of duty, injurious to the public welfare, for which punishment is prescribed by law, imposed in a judicial proceeding, usually brought about by the State,
What is a crime?
The court that hears murder.
What is the Supreme Court?
This means two houses of parliament.
What is bicameral?
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?
The person who brings the case to court for criminal matters.
Who is the prosecutor/crown?
This is the court for small claims up to $25,000.
What is QCAT? Queensland Civil and Administrative Tribunal.
The authority to hear matters of a civil or criminal nature.
What is original jurisdiction?
What is section 51?
This is the name of the upper house of Queensland Parliament that was abolished in 1922.
What is the Legislative Council?
This is what you can apply for if you are arrested provided you promise to turn up for your court hearing.
What is bail?
This is the original jurisdiction for civil disputes in the District Court
What is $150,000 to $750,000?
The person who signs a bill to give it Royal Assent at the federal level.
Who is the Governor General?
This is the system in which the judge, jury and lawyers all have specific roles to play to ensure each party has a fair trial.
What is the adversarial system?
This is the process by which judges make law.
What is judicial precedent?
This is a precedent which a judge is obliged to follow.
What is a binding precedent?
Literally means 'said in passing'.
What is Obita Dicta?
This type of system is often found in Europe and involves judges conducting their own investigations into the evidence both before and during the court hearing.
What is the inquisitorial system?
Before 1066AD England's laws were local customary laws and were enforced by these local assemblies.
What are moots?
This is who has the responsibility to prove a case, in criminal matters this is the prosecution.
What is the onus of proof?
A duty of care must be owed, that duty must have been breached and it must have caused damage.
What are the elements of negligence?
Before the High Court of Australia all appeals when to this court.
What is the Privy Council?