Law Reform: Native Title
What does terra nullius mean?
Land belonging to no one
What is common law
Common: judge made law; historically, law common to England.
What is the lowest court in the NSW hierarchy
Magistrates
Which declaration established fundamental human rights standards
UDHR
I have the burden of proof in a criminal trial
The prosecution
How have elements of Aboriginal Customary Law been adopted in domestic law (2 examples)
Circle Sentencing
Fire management
Mediation
What is statute law - provide an example
Laws made by parliament - Crimes act 1900 NSW
Which Court would hear a sexual assault case
District
Which is the most powerful arm of the United Nations?
The Security Council
We determine guilt or innocence
The Jury
Which High Court case declared the doctrine of terra nullius did not apply to Australia at the time of European occupation?
The Mabo decision 1992
Which three branches of state does the separation of powers involve?
Legislature, Judiciary and Executive
Which three courts can the Court of Criminal Appeal hear appeals from
Local, District, Supreme
What are the main sources of international law
customs, declarations, treaties, legal decisions and legal writings.
What is the standard of proof in a criminal trial?
Beyond reasonable doubt
After the 1967, how did the Constitution change?
Section 51(xxvi) was amended to allow the federal government to legislate for Indigenous peoples and to override any discriminatory state laws. Section 127 was deleted. (census)
Outline three roles of the high court
Highest court of appeal, interpret Constitution, constitutional validity, disputes between state and federal governments
What is the Highest Court of Appeal in Australia?
High Court of Australia
What is the role of the ICJ
Disputes between states, legal advice
I pass sentence when the defendant is found guilty
The judge
Name four elements of Aboriginal and Torres Strait Islander Customary Law
Diversity
Oral Tradition
Kinship
Connections to land and water
Mediation/Sanctions
Name three ways in which the Australian Constitution protects humn rights
SOP, DOP, High Court, Judicial Independence, explicit and implied rights, democracry
Explain the Doctrine of precedent, referring to binding and persuasive precedent
Lower courts bound by ratio decidendi of higher courts, same courts can be persuasive
When is Australia bound by International Treaties
When incorporated into domestic legislation
What three things can a judge take into account when passing sentence
Aggravating, mitigating, victim impact statement