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hChapter 4 HASS

I have blood from my nose that is dripping.

QuestionAnswer
Statute law/legislation Law made by parliament
Bill A proposed law that has not yet been agreed to by parliament or received royal assent
Act A law passed by parliament
Crown The King's authority in the Australian parliament, represented by the governor-general at the federal level and a governor at the state level
How laws are made in federal parliament first reading at HoR, second reading, third reading, bill is passed to Senate, first reading, second reading, third reading, bill is passed to governor-general, royal assent is given, the bill becomes an Act of Parliament
Common law Law made by judges through the decisions of courts
Precedent A legal principle developed by a court in the process of resolving a dispute
Court hiearchy lowest to highest Local/Magistrates' Court, County/District Court, Supreme Court, High Court of Australia
Federal courts Federal Court, Family Court, Federal Circuit Court
Binding precedent Decision made by a higher court that lower courts must follow where the facts of the cases are similar
Persuasive precedent Decision made in a lower court or a court in a different hiearchy that does not have to be followed but may be used as a guide
Criminal law Protects civillians and punishes offenders, state vs accused
Civil law Protects civillians' property and allows individuals to pursue their rights if they have been infringed, plaintiff vs defendant
Burden of proof Legal principle describing who had to prove a case in court. In a criminal trial, it is on the prosecution.
Presumption of innocence A person charged with a criminal offence should be treated as innocent until evidence presented in court proves otherwise
Prosecution Legal action initiated by the state. A prosecutor will present evidence to establish guilt
Indictable offences Serious criminal offences heard in highers courts e.g. Country/District Court or Supreme Court
Summary offences Minor criminal offences dealt quickly and cheaply in a Magistrates' Court
Beyond reasonable doubt When there is no logical conclusion that can be made other than that the accused is guilty.
Standard of proof The level of proof required to establish a case
Examples of civil wrongs Negligence, trespass, defamation, nuisance, breach of contract
Liable Legally responsible for a civil wrong
Balance of probabilities Requires reasonable satisfaction that the facts presented are probably correct and occurred as stated
Customary law Rules for behaviour developed by and for Aboriginal and TSI Peoples that are passed down by songs and dances
Dreaming stories are used by elders to... Pass on customary laws and provide guidance and instructions on how to behave and the right way to live
Young Aboriginal and TSI People are expected to... Listen to their elders, be obedient, not be greedy and not steal
Customary law covers... Food, family, rules, marriage requirements, spiritual responsibilities
Customary law dispute resolution Elders would meet to discuss the case and agree on an appropriate consequence or solution. Punishments ranged from public ridicule or shaming for minor offences to exile or spearing for serious cases.
Summary offences Minor criminal offences dealt quickly and cheaply in a Magistrates' Court
Beyond reasonable doubt When there is no logical conclusion that can be made other than that the accused is guilty.
Standard of proof The level of proof required to establish a case
Examples of civil wrongs Negligence, trespass, defamation, nuisance, breach of contract
Liable Legally responsible for a civil wrong
Balance of probabilities Requires reasonable satisfaction that the facts presented are probably correct and occurred as stated
Customary law Rules for behaviour developed by and for Aboriginal and TSI Peoples that are passed down by songs and dances
Dreaming stories are used by elders to... Pass on customary laws and provide guidance and instructions on how to behave and the right way to live
Young Aboriginal and TSI People are expected to... Listen to their elders, be obedient, not be greedy and not steal
Customary law covers... Food, family, rules, marriage requirements, spiritual responsibilities
Customary law dispute resolution Elders would meet to discuss the case and agree on an appropriate consequence or solution. Punishments ranged from public ridicule or shaming for minor offences to exile or spearing for serious cases.
Juvenile Someone aged 10-17 who will be dealth with the youth justice system
Created by: thesomething
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