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19 Cards in this Set
- Front
- Back
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alienate
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transfer ownership (to land or other property) to another person
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acquittal
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a finding of not guilty of a charge
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appelant
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one who appeals
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bicameral legislation
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a legislative body consisting of two houses of parliament
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bill
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a statute in draft form before it passed by parliament
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constitutional interpretation
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When a court must interpret the meaning of laws written into a constitution.
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concurring opinion
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Opinion written by a court minority that accepts the judgement but for alternative reasoning.
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cab rank rule
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a professional requirement for a barrister to accept a brief within their capacity, skill and experience, subject to certain exceptions
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delegated legislation
('subordinate legislation' or 'legislative instruments') |
Unlike statutes not passed by parliament but is developed by the executive and tabled for possible dissallowance by parliament. Usually deals with details e.g. forms or fees req'd by statutes.
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dissenting opinion
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Opinion written by a court minority that rejects both the court's decision and its reasoning.
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distinguish
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when a court holds that a precedent does not have application to the present case because of a material difference in the facts
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double jeopardy doctrine
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if a D has been tried of an offence and convicted or acquitted, they should not be exposed to the further jeopardy of a fresh prosecution arising out of the same facts
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ejusdem generis
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'of the same kind' - the principle of SI that if words of particular meaning are followed by general words, the general words are limited to the same knd as the particular words.
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judicial activism
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When judges aggressively apply their judicial review power to strike down laws, as a means of making policy conform to their own preferences.
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judicial restraint
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When judges strike down laws only rarely, otherwise deferring to the policy choices of legislatures.
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majority opinion
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Opinion summarizing a court's judgement and reasoning when a court majority is in agreement
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precedent
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Prior body of law that must govern a court's decision in a particular case.
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stare decisis
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Doctrine that compels a court to build on precedent, letting previous decisions stand.
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statutory interpretation
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When a court must interpret the meaning of laws passed by a legislature.
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