civics t3----

why have a court hierachy

order of importance-- seriousness of the case

more effective- allows courts to specialise

allows for appeals- someone higher to ask for review and helps consistency of decisions as lower courts can follow the decisions of higher courts.

original jurisdiction

A court's power to hear and decide a case for the very first time, before any higher court reviews it.

JURISDICTION- court’s authority to hear a particular matter based on its geographical location and position in the court hierachy.

appellate jurisdiction

Appellate jurisdiction is the power of a higher court to review, change, or reverse a decision made by a lower court

APPEAL: Application to a superior court to change the decision of a lower court.

Role of the constitution

outlines the law- making powers of the commonwealth parliament and created the high court of auistralia

purpose of constitution

establish federal parl, outline law making powers, portect some basic human rights, ensure responsible gov and separation of powers.

powers of commonwealth

can only make laws of the areas specifically listed in the const. anything else goes to states.

high court and constitutional court

h- australias highest court, sits on top of the state and federal court hierachy.

c- only court with the power to interpret the constitution

where does original jurisdiction come into place

any matters— arising under treaty, between states

matters where parliament confers jurisdiction— involving the interpretation of the const

error of fact and law

fact- when a judge makes a mistake in understanding/ interpreting the facts of the case

law-when a judge misinterprets or incorrectly applies the law

special leave

It refers to the permission or authorization granted by the High Court to a party to appeal a decision from a lower court.

standard of proof

criminal- guilty beyond a reasonable doubt

civil- balance of probabilities

global citizen

means that a person’s identity goes beyond just the country they live in.

what does australia do for the rest of the world

free trade, international law, peacekeeping, foreign aid, take in refugees

internationalism

idea that all countries should work together to find solutions for global problems

UN

international organisation with the aim of fostering global peace and economic co-operation among nations

peacekeeping

compromises activities, especially military, intended the create conditions for lasting peace, —reduces civilian and battlefield deaths, reduces risk of renewed warfare.

principles of peacekeeping

consent,

impartiality-neutral stance without favouring any side,

use of force limited to self-defence and protection of civilians

temporary- creating conditions for sustainable peace.

challenges of peacekeeping

limited funding, lack of co-operation, threats

refugees

someone outside their country of nationality, has a well-founded fear of persecution, unwilling to return to their country of origin due to this, refugee status has been approved.

asylum seeker

a person who has fled their origin/country and is seeking protection in another country because of persecution etc. claim for refugee status hasn’t been approved yet.