09 Humanities - Legal Studies

law

The system of rules which a particular country or community recognises as regulating the actions of it's members and which it may enforce by the imposition of penalties.

rule

One of a set of understood regulations

sanction

A threatened penalty for disobeying a law or rule.

parliamentary laws

Laws made by the federal and state governments.

statutory authority

A body or organisation that is given the power by parliament to make laws on it's behalf. eg. County Fire Authority, Australia Post, Vic Roads, etc.

parliament

An organisation that makes the laws in a country (government).

Judge

An impartial adjudicator whose role is to ensure proper processes are followed in court.

Statue

Law made by parliament (also called legislation or Acts of Parliament).

common law

Unwritten laws that are based on legal precedents made by the courts (passed from England, eg. no stealing, etc).

legal system

A system of laws that encompasses a range of organisations, including the courts, tribunals, parliaments, police and prisons (in Australia). Ensures justice and fairness for all citizens.

legislation

Upholding the rights of people who are disadvantaged in the courts, eg. children.

acts of parliament

A law that applies to everyone in the country.

The Rule of Law.

Innocent until proven guilty, everyone treated equally, independant and impartial, right to ask to a reasonable appeal, strict procedures that must be followed

Parliaments vs Courts.

Parliaments have the ability to make laws, while the courts enforce them.

Criminal dispute

Crimes committed against the state authority (state = federal, state, local [government], etc.)

Summary offences.

Minor crimes such as shoplifting, verbal abuse, etc. Dealt with by Magistrate court.

Indictable offences.

Major crimes such as armed robbery, murder, major drug, etc. Dealt with by County court/Supreme, heard by a judge and possibly a jury as well.

Civil dispute

A dispute between two individuals/groups/organisations over rights.

Negligence.

Type of civil action where one party failures to uphold reasonable duty of care to a neighbour.

Breach of contract.

A type of civil action where one individual believes another has failed to carry out the terms of a legally binding contract. eg. going back on agreement.

Defamation.

A type of civil action where one party makes false statements that cause another party to lose their reputation. eg. saying something negative about someone publicly and being sued for it or publishing false information to a magazine that effects the person's future job oppotunities.

how a court/judge can make a law

By 'setting precedent' which is a decision made by a judge and must be followed by all lower courts in the same hierarchy, or through statutory interpretation which is when existing but unclear legislation, and therefore needs to be interpreted by the judge before applied.

Precedent.

A decision made by a judge that can allow for the law to change over time.

Plaintiff.

The party who initiates a civil action against another party.

Defendant

The person accused of a crime.

Magistrates court.

Deals with minor crimes, lower cost value civil dipsutes.

Children's court.

Deals with crimes from children under the age of 17.

Koori court

Deals with minor crimes committed by people who identify as aboriginal or Torres strait islander.

Coroners court.

Deals with death by unnatural causes. Arson.

County court.

Appeals from magistrates court. Civil cases to $250 000. Criminal cases.

Supreme court

Appeals from County court. Civil cases above $750 000. Criminal cases.

Federal circuit.

Appeals from commonwealth, eg. tribunals. Federal cases eg. bankruptcy, trade, etc.

Family court.

Divorce and divorce-related disputes.

High court.

Final court of appeal.