Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
17 Cards in this Set
- Front
- Back
- 3rd side (hint)
|
Names of cases (Criminal) |
Original Jurisdiction Appellate jurisdiction |
Jurisdiction |
|
|
People names in original jurisdiction (crim) |
The queen v accused R v accused |
👑 |
|
|
People names in appellate jurisdiction (civil) |
Appellant v respondent |
Repellant 🐜 |
|
|
Jury in criminal jurisdiction |
12 members Decides question of fact beyond a reasonable doubt (BRD) |
Members? What they do? |
|
|
Indigenous customary law |
They can go to the Aboriginal and Torres Strait tribunal where the judges and jury are aboriginal or Torres strait islanders |
Culture |
|
|
Standard of proof |
Criminal (BRD) Civil (BOP) |
You fail |
|
|
Binding precedent ? |
Must be followed |
You are bound! |
|
|
Persuasive precedent |
May be followed |
Persuaded to feel |
|
|
Detrine of precedent |
1. Case with similar facts/relevance 2. Time lines - not too old (case) 3. Hierarchy = equal or higher court 4. Maybe= look at a case interstate or overseas. |
Similar Time Levels Cases elsewhere |
|
|
Do we have an adversarial or inquisitorial court? |
Adversarial |
A dversial A ustralia |
|
|
Adversarial court |
Used in Australia Judge decides who wins and loses |
|
|
|
Inquisitorial |
Judge conducts own investigation into the evidence No jury Decisions made based of fact and law |
In france |
|
|
Who are in the courts? |
Judges Director of public prosecutions (DPP) |
|
|
|
What do the judges do? |
Decide questions of law Common law Ratio decidendi (reason for decision) Obiter dicta (by the way) |
|
|
|
What does the DPP do? |
Represent the crown/queen Acts on behalf of society as the victim |
|
|
|
Names of cases in civil jurisdiction |
Original = plaintiff v defendant Appellate= appellant v respondent |
|
|
|
Jury in civil jurisdiction |
5 members Decide, question fact on balance of probabilities |
Members BOP |
