Australian Legal System Overview

A collection of vocabulary flashcards covering key terms and definitions related to the Australian legal system and tort law.

Common Law

A legal system based on case law and judicial precedents, inherited by Australia during colonization.

Case Law

Judge-made law primarily consisting of legal principles established in court decisions.

Ratio Decidendi

The binding legal principle that forms the reason for a court's decision.

Obiter Dicta

Non-binding statements made by a judge in a legal opinion, which are persuasive but not legally enforceable.

Statute Law

Laws created by Parliament, also known as legislation or Acts.

Plaintiff

The party who initiates a lawsuit.

Defendant

The party who responds to allegations in a court case.

Prosecution

In criminal cases, the party representing the State, often referred to as the Crown or DPP.

Solicitor

A legal professional who prepares cases and may instruct barristers.

Barrister

A lawyer who specializes in representing clients in court.

Judge/Magistrate

An official who presides over court proceedings and delivers judgments.

Tort Law

The area of law dealing with civil wrongs and compensation for damages.

Duty of Care

A legal obligation to ensure the safety or well-being of others.

Breach of Duty

When a party fails to meet their duty of care, resulting in harm to another party.

Negligence

Failing to take reasonable care to avoid causing injury or loss to another party.

Vicarious Liability

The legal principle that holds an employer responsible for the negligent actions of employees performed within the scope of their employment.

Civil Liability Act

Legislation in New South Wales that modifies aspects of negligence law.

Causation

The relationship between cause and effect in a legal context; determining if one event caused another.

Damages

Monetary compensation awarded to a plaintiff for losses or injuries suffered.

Contributory Negligence

A defense in tort law that reduces the amount of damages a plaintiff can recover based on their own negligence.

Misstatement

Providing incorrect information that leads to financial loss for another party.

Alternatives Dispute Resolution

Methods such as arbitration and mediation to resolve disputes outside of court.

Westminster System

A parliamentary democracy system where the executive branch derives its democratic legitimacy from, and is directly accountable to, the legislature (parliament).