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74 Cards in this Set
- Front
- Back
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COMMON LAW |
SYSTEM OF LAW DERIVED FROM CUSTOMARY LAW ORIGINATED IN ENGLAND, BODY OF LAW MADE BY JUDGES, APPLICATION OF BLACK LETTER LAW |
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CONQUEST |
COLONIZATION BY MILITARY FORCE WHERE FORMER POLITICAL POWER IS OUSTED. DOES NOT CHANGE PRE-EXISTING LEGAL SYSTEM AUTOMATICALLY BUT CAN BE CHANGED BY EXEC/LEG AFTER CONQUEST |
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CUSTOMARY LAWS |
INDIGENOUS LAWS |
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FEUDALISM |
SYSTEM OF SOCIAL ORGANISATION AND LAND HOLDING. MONARCH WAS ULTIMATE OWNER OF ALL LAND AND GAVE LAND IN RETURN OF PAYMENTS OF TAX AND SERVICES |
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IMPERIALISM |
POST 20TH CENTURY CONTROL OF ANOTHER NATION BY ECONOMIC MEANS |
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OCCUPATION |
COLONISATION INVOLVING SETTLEMENT OF VACANT LAND. AUTOMATIC IMPLEMENTATION OF COLONISING NATIONS LAWS. |
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PRIVY COUNCIL |
ADVISORY BODY TO BRITISH MONARCH AND COURT OF FINAL APPEAL IN UK |
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RECEPTION |
IMPLEMENTATION OF NATIONS LAWS AFTER OCCUPATION |
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TERRA NULLIUS |
LAND BELONGING TO NO-ONE |
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TREATY |
AGREEMENT BETWEEN A COLONISING NATION AND NATIVES. VOLUNTARY TRANSFER OF LAND WITH LIMITATIONS ATTACHED. JURISDICTION OF COLONISERS LAWS |
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WESTMINSTER SYSTEM |
REPRESENTATIVE GOVERNMENT CONSISTING OF THE COURTS (JUDICIARY) PARLIAMENT (LEGISLATIVE) AND EXECUTIVE. |
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ALTERNATIVE DISPUTE RESOLUTION |
QUASI LEGAL PROCESSES. INFORMALLY SETTLING OF DISPUTES |
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ARBITRATION |
ADVERSARIAL FORM OF ALTERNATIVE DISPUTE - ARBITRATOR RECEIVES PARTIES SUBMISSIONS AND MAKES DETERMINATION |
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CABINET |
DECISION MAKING GROUP OF PARLIAMENT - SENIOR MINISTERS OF GOVERNMENT |
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CONCILIATION |
ALTERNATIVE DISPUTE RESOLUTION WHERE CONCILIATOR DIRECTLY ASSISTS PARTIES TO FIND WAYS OF SETTLING DISPUTE |
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CONSTITUTION |
1/7/1900 8 SECTIONS. OUTLINES STRUCTURE OF GOVERNMENT AND ITS POWERS AND RESPONSIBILITIES |
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CROSS VESTING |
GRANTING OF POWER IN A STATE COURT TO EXERCISE COMMONWEALTH JUDICIAL POWER |
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DELEGATED LEGISLATION |
LAW MADE BY A BODY TO WHICH PARLIAMENT HAS DELEGATED AUTHORITY. |
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EXECUTIVE |
BODY OF PARLIAMENT THAT ADMINISTERS THE LAW (PUBLIC SERVICE, GOVERNOR GENERAL) |
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FEDERATION |
NATIONAL GOVERNMENT RULES IN COMBINATION WITH STATE GOVERNEMNT |
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JUDICIAL REVIEW |
REVIEW OF AN EXECUTIVE DECISION BY A COURT TO DETERMINE WHETHER GOV OFFICIAL HAD POWER OR APPLIED FAIRNESS IN MAKING DECISION |
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JUDICIARY/JUDICATURE |
BODY OF JUDGES WITHIN COURT SYSTEM |
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JURISDICTION |
POWER TO GOVERN OR DISPENSE JUSTICE. POWER OF COURT TO HEAR AND DECIDE ON A PARTICULAR MATTER |
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LEGISLATURE/PARLIAMENT |
LAW MAKING BODY OF GOVERNMENT |
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MEDIATION |
ALTERNATIVE DISPUTE RESOLUTION MEDIATOR FOSTERS DIALOGUE BETWEEN PARTIES TO NEGOTIATE |
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MINISTER |
PERSON RESPONSIBLE FOR A PARLIAMENTARY PORTFOLIO |
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PARLIAMENTARY SOVREIGNTY |
NOTION THAT OF THE 3 ARMS OF GOVERNMENT (L,E,J) THE LEGISLATURE IS SUPREME |
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PRIMARY LEGISLATION |
STATUTE LAW, MADE BY THE PASSAGE OF A BILL THROUGH PARLIAMENT |
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REPRESENTATIVE GOVERNMENT |
GOVERNMENT IS CHOSEN BY AND REPRESENTS THE PEOPLE |
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RESPONSIBLE GOVERNMENT |
EXECUTIVE IS ACCOUNTABLE TO THE PARLIAMENT AND PARLIAMENT IS ACCOUNTABLE TO THE PEOPLE |
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RULE OF LAW |
LAW IS SUPREME AND APPLIES UNIVERSALLY, EQUALLY AND FAIRLY - IE SAME RULES APPLY TO THE KING AS WOULD APPLY TO A HOMELESS PERSON |
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SEPARATION OF POWERS |
3 ARMS OF GOVERNMENT CARRY OUT THEIR FUNCTIOINS INDEPENDENTLY. PARLIAMENT (LEG) MAKES THE LAW, EXECT ADMINISTERS LAW, JUDICIARY INTERPRTS THE LAW |
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LETTERS PATENT |
OPEN LETTER GRANTING AN OFFICE. RIGHT, TITLE OR STATUS TO A PERSON OR ENTITIY EG; QUEEN MADE A LETTERS PATENT TO MAKE GOVERNOR GENERAL HER REP IN AUSTRALIA |
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STATUTE OF WESTMINSTER |
NEW BRITISH LEGISLATION DID NOT EXTEND TO BRITISH COLONIES AUTOMATICALLY, THEY HAD TO CONSENT. |
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AUSTRALIA ACTS |
1986, REMOVED ANY RESIDUAL POWER OF THE BRITISH PARLIAMENT TO PASS LAWS WITH RESPECT TO AUSTRALIA AS WELL AS ANY RIGHT TO APPEAL TO A BRITISH COURT. |
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APPELLATE JURISDICTION |
POWER OF THE COURT TO REVIEW DECISION AND CHANGE OUTCOME OF DECISIONS OF LOWER COURTS MOST ARE LEGISLATIVELY CREATED |
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ORIGINAL JURISDICTION |
POWER TO HEAR A CASE WHEN IT FIRST COMES TO COURT. FIRST INSTANCE COURT DETERMINES FACTS AND MAKES DECISION |
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CIVIL JURISDICTION |
COURT HEARS CASES BETWEEN PRIVATE PARTIES, CONTRACT/PROPERTY DISPUTES |
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CRIMINAL JURISDICTION |
HEAR CASES BETWEEN CROWN AND ACCUSED. |
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STATE JURISDICTION |
POWER OF COURTS TO HEAR CASES BROUGHT UNDER STATE LAW |
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FEDERAL JURISDICTION |
POWER OF COURTS TO HEAR CASES BROUGHT UNDER FEDERAL LAW |
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INDICTABLE OFFENSES |
SERIOUS CRIMES - TRIAL BY JUDGE AND JURY |
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SUMMARY OFFENSES |
CAN BE TRIALED BY JUDGE ALONE, DO NOT HAVE THE RIGHT TO HAVE TRIAL BY JURY. LESS SERIOUS, TRAFFIC OFFENSES AND PETTY CRIMES |
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MAGNA CARTA |
THE GREAT CHARTER, PRINCIPLE THAT THE KING IS SUBJECT TO THE LAW. KNOWN AS THE RULE OF THE LAW. |
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VIS A VIS |
IN RELATION TO |
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LAW AS AUTONOMOUS DISCIPLINE |
SEPERATES LAW FROM RELIGION |
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COMMON LAW LEGAL SYSTEM |
LAW CAN DEVELOP THROUGH LINE OF CASES (PRECEDENT) AND CAN GROW AND SHIFT TO TAKE INTO ACCOUNT CHANGES IN SOCIETY |
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PRECEDENT |
DOCTRINE WHERE COURTS FOLLOW SIMILAR PREVIOUS DECISIONS. DECISIONS OF A COURT ARE BINDING ON ALL COURTS THAT ARE LOWER IN JUDICIAL HEIRACHY |
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EQUITY |
BODY OF LAW THAT AIMS TO CORRECT AND SOFTEN COMMON LAW. |
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DUE PROCESS |
INNOCENT UNTIL PROVEN GUILTY |
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IMPORTANTCE OF PROCEDURAL LAW |
LAW SHOULD BE APPLIED THROUGH ESTABLISHED PROCEDURES |
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INDEPENDANT JUDICARY |
JUDGES SHOULD BE INDEPENDANT FROM OTHER ARMS OF GOV SO DECISIONS ARE MADE ACCORDING TO LAW. JUDGES HAVE SECURITY OF TENURE. CANNOT BE FIRED FOR THEIR DECISIONS. ALSO HAVE A FIXED SALARY, INCOME CANNOT BE AFFECTED BY GOVERNMENT VIEWS
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LEGISLATION MAKING |
DRAFT LAWS ARE INTRODUCED TO PARLIAMENT, DEBATED, PASSED THEN ASSENTED TO THE MONARCH |
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RULES STATUTORY INTERPRETATION |
GUIDELINES FOR INTERPRETING PARLIAMENTS STATUTES |
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CABINET |
KEY BODY OF MINISTERS WHO DEVELOP GOVERNMENT POICY AND RELY ON SUPPORT OF PARLIAMENT |
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CASE LAW |
COURTS APPLY AND INTERPRET A STATUE GENERICALLY REFERS TO ALL COURT DECISIONS |
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JUDICIAL ACTIVISM |
JUDGE WILL DEVELOP AND CREATE A NEW LAW TO ENABLE JUSTICE WHEN SITUATION IS UNCLEAR OR UNJUST |
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JUDICIAL FORMALISM |
MAINTAINS THAT THE ROE OF THE JUDGE IS TO APPLY THE LAW AND NOT TO MAKE IT EVEN WHERE THIS MAY RESULT IN INJUSTICE |
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MAJORITY JUDGEMENT |
MORE THAN ONE JUDGE SITTING, DECISION MOST JUDGES AGREE ON |
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OBITER DICTA/OBITER DICTUM |
COMMENTS MADE BY JUDGES WHICH ARE NOT ESSENTIAL TO CASE BUT WHICH ARE USEFUL TO EXPLAIN REASONING |
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PRECEDENT/STARE DECISIS |
FOLLWING THE DECISION OF A HIGHER COURT WHERE SIMILAR LAW APPLIES AND HAS SIMILAR FACTS |
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RATION DECIDENDI |
KEY POINT OF THE CASE |
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APPELATE |
APPEALS COURT
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TRIBUNAL
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PERSON OR INSTITUTION WITH AUTHORITY TO JUDGE |
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ARBITRATION |
ALTERNATIVE MEANS |
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APPLIED OR FOLLOWED |
CASE HAS SUCCESSFULLY BEEN USED AS A PRECEDENT |
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DISTINGUISHED |
CASE HAS NOT BEEN APPLIED BECAUSE THERE ARE MATERIAL DIFFERENCES |
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OVERRULED |
HIGHER COURT DECIDES THAT REASONING IS WRONG |
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CONSIDERED |
COURT HAS THOUGHT ABOUT PREVIOUS CASE BUT HAS NOT FOLLOWED OR DISTINGUISHED |
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CITED |
COURT HAS REFERRED TO CASE WITHOUT CONSIDERING |
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UPHELD |
COURT AGREES WITH DECISION OF LOWER COURT |
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REVERSED |
COURT AGREES THAT LOWER COURT WAS WRONG |
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INTRA VIRES |
WITHIN THE POWERS OF THE FEDERAL PARLIAMENT ACCORDING TO THE CONSTITUTION |
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ULTRA VIRES |
OUTSIDE THE POWERS OF THE FEDERAL PARLIAMENT ACCORDING TO THE CONSTITUTION |
