3- Legal Institutions - How is law made?

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15 Terms

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Alternative Dispute Resolution

quasi-legal processes, as opposed to traditional litigation in a court, used by parties to settle disputes. It is generally used by agreement of the parties.

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Arbitration

An adversarial form of ADR (Alternative Dispute Resolution) where an arbitrator receives the parties’ submissions and then makes a binding determination.

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Cabinet

A group of senior officials in the executive branch of government, typically consisting of the heads of government departments, who advise the head of state and help in decision-making.

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Commonwealth Government

Australian Federal Government, created by the Australian Constitution.

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Conciliation

A form of ADR where a conciliator directly assists parties to find ways of settling a dispute

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Constitution

a foundational document that outlines the governance structure, powers and responsibilities of the government or other entity (eg. corporation, charitable organisation)

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Cross-Vesting

The granting, or vesting, of power in a state court to exercise commonwealth judicial power

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Delegated Legislation

Law made by a body to which parliament has delegated authority. Common forms of delegated legislation include regulations, rules, ordinances and by-laws.

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Executive

the body that administers the law, ranging from government ministers and the governor-general to public servants and police officers.

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Federation

A system of government in which a national Federal Government rules in combination with state governments.

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Indictable offence

a serious criminal offence, generally punishable in a superior court and can result in a sentence of more than two years’ imprisonment.

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