Legal Studies Test & Exam (year 11)

Ratio Decidendi

Reasons for deciding

Obiter Dicta

Statements or observations of the judge

Stare Decisis

To stand by things decided

Doctrine of Precedent

Following of the legal reasoning and decisions of past cases with similar facts.

Two ways courts can make law

Statutory interpretation & Case law

Define the Doctrine of Precedent

Doctrine of precedent is using past or similar cases in a higher court to make decisions

Define binding

decision made in a higher or superior court that must be followed by other judges/courts lower in the same hierarchy.

Define Persuasive

Precedents that courts are NOT bound by, generally a decision made in lower court.

What is the Australian Court hierarchy

HCA, Supreme Court, District Court, Migistrates court

What is legistlation

Acts of Parliament and the subordinate legislation made under them

What is common or case law

Law made in court by a judge

What is the division of powers

Levels of government (federal, state, and local)

What is the seperation of powers

Tthe legislature, the executive, and the judiciary

Define Rule of Law

All people treated fairly and equally before the law

Role of Legislature (parliment) in seperation of powers

Makes the laws

Role of Executive (GOVT) in seperation of powers

Implements and enforces the law

Role of Judiciary (Courts) in seperation of powers

Interprets the laws & resolves disputes

What is the representive GOVT?

When community elects people to represent them in decision making

What is the features of representive GOVT

All adults have the right to vote, regular elections, fair elections

What are the features of rule of law?

Equality, recognition of fundemental human rights, transperency

What is the difference between legal rule and non legal rule?

Legal law can be inforced and held accountable by law

Non legal rule is made by schools, clubs, parents etc

What are characteristics of effective law?

Easily enforcable

Fair to all

Easy to understand

Who is the burden of proof with?

Prosecutor

What is the standard of proof in criminal cases?

Beyond a reasonable doubt

What is the standard for proof in civil law?

Balance of proberbilities