Legal Studies Aus

Front 1

Constution

Back 1

Back (Definition)

A set of rules governing a country.

Front 2

When was the Constution written and to who and what powers does it give?

Back 2

It was written in 1901, it gives the Federal sector of the gov. exclusive power and the State residual

Front 3

define and explain residual and exclusive powers

Back 3

Exclusive Powers means that the Federal Government has power over all laws made but give State and Local Residual Powers to make Laws the Federal haven't made.

Front 4

Leglislative Power

Back 4

The power to make laws

Front 5

Leglislative Power

Back 5

The power to make laws

Front 6

What is a Plaintiff?

Back 6

The person who takes legal action against the defendant in a civil matter

Front 7

Leglislative Power

Back 7

The power to make laws

Front 8

What is a Plaintiff?

Back 8

The person who takes legal action against the defendant in a civil matter

Front 9

Define And Explain the Adversial System

Back 9

The Adversial System is the contest between two sides. The Jury decides guilt or innocence. The cases are either prosecution v. defendant

Plaintiff v defendant

Front 10

List the Influences on Law

Back 10

Cultural, Economic, Social, Morals, Political

Front 11

List the Influences on Law

Back 11

Cultural, Economic, Social, Morals, Political

Front 12

Define and Explain the Seperation of Power

Back 12

There are three sections of power and they **. The three sections are Leglislative: make the laws e.g. judges, politicians, Executive: Enforce the laws e.g. Police and Judicial: Interpret the laws e.g. Judges

Front 13

Describe Statute and Common Law

Back 13

Statute Law is defined as laws made by parliments in State, Local and Federal. It is also known as written law. Common Law is laws made by judges based on previous cases. It can be broken into two sections Persuasive and Binding.

Front 14

Define Persuasive and Binding

Back 14

Persuasive laws are suggested.

Binding laws are compulsory amd must be followed.

Front 15

Describe the making of laws in Qld

Back 15

A need for law is identified and a bill drafted > 1st Reading > 2nd Reading > the committee of a whole( the public is asked about it) > 3rd Reading > Royal Ascent

Front 16

Define and Descrive the Court Heirachy

Back 16

The Court Heirachy

The Magistrates Court is the lowest Court and all criminal matters must be first heard in the magistrates court. The Magistrates court hears civil disputes involving up to $150,000 and it is has the authority to hear and dertermine minor criminal offences e.g. Drink driving, shoplifting.

The district court is the next lowest court and its civil juristdicfion Its area of range is...

The Supreme Court is the second highest court in australia its juristdiction is... Its area of range is...

The highest court is the High court and it deals with...

Front 17

define Civil and Criminal Law?

Back 17

Civil Cases are between two members of the public. E.g. Wrigley v Cashman

Criminal Cases are between R (Rex and Regina, Queen representative) v Vogler-Turner

Front 18

Obiter Dicta

Back 18

comments made by the judge that are not critical to the decision of the case

Front 19

Ratio Decendi

Back 19

The Judges Decision on a case.

Front 20

Define Jurisdiction in the court hierachy.

Back 20

Juristdiction is the official power to make legal decisions and judgements. Areas of Jurisdiction apply to local, state and federal levels.