Stage 1 Legal Studies Flashcards

Vocabulary-style flashcards covering the key principles, institutions, and legal concepts for Stage 1 Legal Studies.

Rule of Law

The principle that everyone, including the government, is subject to the law, encompassing concepts like equality before the law, judicial independence, and the presumption of innocence.

Separation of Powers

The division of government into three branches: the Legislature (Parliament), the Executive (ministers/departments), and the Judiciary (courts), used to prevent the concentration or misuse of power.

Legislature

The branch of government known as Parliament, responsible for law-making.

Executive

The branch of government consisting of ministers and government departments responsible for implementing laws.

Judiciary

The branch of government consisting of courts and judges responsible for interpreting and applying the law.

Division of Powers

The distribution of law-making authority across Commonwealth, State/Territory, and local levels of government.

Section 109

A constitutional provision stating that when valid Commonwealth and State laws are inconsistent, the Commonwealth law prevails to the extent of the inconsistency.

Australian Constitution

The set of rules for how Australia is governed that took effect on 1 January 1901, establishing federal institutions and distributing governmental powers.

Statute law

Laws made by Parliament, also referred to as legislation or Acts.

Delegated legislation

Detailed rules made by an authorised body using power granted to them by Parliament.

Common law

Also known as case law, this is law developed by judges through court decisions and the doctrine of precedent.

Parliamentary Sovereignty

The principle that Parliament is the primary/supreme law-making body and can make, clarify, or override common law, subject to the Constitution.

Magistrates Court

The lowest of the main courts within the South Australian court hierarchy.

Supreme Court

The highest State court in the South Australian court hierarchy.

High Court of Australia

The court that sits above State courts in the national hierarchy.

Stare decisis

A Latin term meaning 'stand by what has been decided', forming the basis of the doctrine of precedent.

Ratio decidendi

The legal reason for a court's decision, which constitutes the binding part of a precedent.

Obiter dictum

A comment made by a judge in passing; it is not binding but may be persuasive in future cases.

Donoghue v Stevenson

A classic common-law case that recognized that manufacturers owe a duty of care to consumers and developed the neighbour principle in negligence.

Bill

A proposed law that has been introduced to Parliament but has not yet been passed into law.

Royal Assent

The step in the legislative process following passage through both Houses, after which a Bill becomes an Act.

Adversarial system

A legal system where opposing parties present their cases and an independent judge acts as an impartial decision-maker.

Inquisitorial system

A legal system where the judge plays a more active role in investigating, questioning, and establishing the facts of a case.