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30 Cards in this Set
- Front
- Back
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Q1) What system of government is the Australian legal system based upon? |
Westminster System |
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Q2) Names of the houses in the federal government? |
House of Representatives and the Senate |
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Q3) Term given to the situation whereby both the federal and the State Parliaments can legislate on the same matter |
Concurrent powers |
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Q4) In what ways do courts differ from tribunals? |
Courts: - formal procedures - follow Doctrine of Precedent - usually conducted by lawyers
Tribunal: - relaxed & informal - free to disregard previous decisions - less insistent |
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Q5) When cases are heard for the first time in a particular court this is referred to as what type of jurisdiction? |
Original Jurisdiction |
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Q6) Which court is the only one empowered to hear constitutional issues? |
The High court |
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Q7) Which Queensland courts do not have appellate jurisdiction? |
The Magistrates court |
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Q8) Local councils are given the authority to make by-laws through which type of legislation? |
Delegated |
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Q9) Define Separation of powers |
An idea that Legislative, Executive and Judicial functions should be separate |
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Q10) The power to interpret statutes rests with which body? |
Judicial Power |
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Q11) What is the hierarchy of courts in QLD? |
High Court Supreme Court Court of Appeal District Court Magistrates Court |
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Q12) What does the High court hear? |
Personal injury, tax law, property law, family law, arbitration, company law etc. |
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Q13) What does the Supreme court hear? |
Major drug offences, attempted murder, murder & manslaughter etc. |
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Q14) What does the Court of appeal hear? |
All appeals from the District and Supreme courts and many tribunals |
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Q15) What is heard in the District Court? |
(Criminal) armed robbery, rape, dangerous driving, (Civil) disputes- $150,000 to $750,000 |
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Q16) What other courts are in QLD? |
Mental Health Court, Land Court, Coroners Court, Planning and Environmental Court & Coronial Court |
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Q17) What does the Coroners Court deal with? |
Identity of the person is unknown, the death occurred in care/ custody, the death was a health related death |
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Q18) What is heard in the Children's Court? |
Serious crimes committed by juveniles under 17 years of age |
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Q19) What is geard in the Family Court? |
Superior court which deals with appeals and more complex matters, child access and divorce |
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Q20) A court's authority to hear a particular case is described by what term? |
Subject-matter jurisdiction |
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Q21) Define what is meant by a "Bill" |
-A proposal for a new law or to change one -Aims to improve/fix a problem -Introduced by Government ministers into the Parliament |
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Q22) A majority in which house of Federal Parliament allows a 'party' to form government? |
House of Representatives allow a 'party' to form Government |
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Q23) The Australian Constitution can be amended by what method? |
A Referendum |
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Q24) (Court Hierarchy) Original & Appellate Jurisdiction Diagram |
Sight next Question |
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High Court: |
Original- interpreting the Commonwealth Constitution Appellate- full court (5-7 judges) hears appeals from decisions of 1 or 3 judges of HC |
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Supreme Court: |
Original- unlimited jurisdiction, indictable offences Appellate- Court of Appeal hears decisions of a single Supreme court judge |
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District Court: |
Original- civil disputes where the amount claimed is between $50,000 & $250,000 Appellate- made from the Magistrates court decisions |
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Magistrates Court: |
Original- minor criminal offences such as assault, drink driving & firearms |
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Q25) To be an effective law, what certain characteristics must be possessed? List and explain them |
Known to the public: -Must know about it for it to be enforcable -if they do not know about it, they cannot follow it |
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Mediation |
Is a much easier way of sorting minor disputes so they don't have to go through the court process. |
