Understanding the Australian Legal System

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These flashcards cover key terms and concepts related to how laws are made in the Australian legal system, including the roles of Parliament and courts.

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10 Terms

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Parliaments

Government bodies responsible for making laws, either State or Federal.

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Court-made law

Also known as 'Common Law' or 'Judge-made law', refers to laws developed through court decisions.

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Royal Assent

The formal approval given by the Governor General, making a law official and active.

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Statutory Interpretation

The process by which judges interpret the wording of Parliament's statutes to apply them to specific cases.

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Precedent

A legal principle established in a previous case that is binding on subsequent cases in lower courts.

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Stare Decisis

A Latin term meaning 'to stand by things decided'; it refers to the doctrine that courts should follow precedents.

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Summary Offences Act 1966

A piece of legislation in Victoria concerning minor offenses, including provisions related to public drunkenness.

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Abrogate

To repeal or nullify a law or decision.

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Codify

To organize and write down laws into a systematic code, making them easier to reference.

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Interpretation of a statute

The judicial process of explaining the meaning of the language and provisions in a statute.