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Legal Topic Test 1
| Term | Definition |
|---|---|
| Principles of Justice | Fairness- extra assistance given in the case of not being able to afford a lawyer, trouble understanding/speaking english etc. Equality- to not discriminate against age, gender, socio-economic status etc. Access- individuals understand their rights |
| Characteristics of an effective law | Reflects society values- up to date/modern Enforceable- police/authorities enforce the law Known- made clear and obvious to the public Clear- advertised Stable- not constantly changing |
| Statute law | Parliament, where laws are made and passed |
| Legislative process - Passage of a bill through Parliament | Initiation- introduce bill First reading- basics of bill Second reading- debate, discussion, change Optional- only for controversial issues Third reading- finalise details/formality Other house- repeat process Royal Assent- bill changes to law |
| Delegated Legislation | Parliament has the power to delegate (give over) its law making power in certain areas to other bodies, including; local councils, government agencies etc. |
| Common Law Features of the doctrine of precedent | Stare decisis-follow decisions of cases with similar nature Ratio decidendi- reason for the decision Obiter dictum-other judges opinions/influence parliament Binding precedent-lower courts follow Persuasive precedent-doesn't have to be followed |
| Parliament supremacy | Parliament is the supreme law making body and has absolute power over courts. It can repeal (review) and change any laws whenever they want as long as the law is within their jurisdiction. |
| Establishing courts | Each court was created by an act of Parliament. Each act decides what each court will be responsible for. Parliament can change the Acts at any time and add or take from courts jurisdiction. |
| Statutory interpretation | The courts look at law parliament made and decide whether or not it is too broad. |
| Studded Belt case | check doc |
| Kevin case | check doc |
| How courts affect parliament | Comments High profile cases Codifying Abrogation Invalidation of statute |
| Mabo case | check doc |
| Trigwell case | check doc |
| Structure of Parliament (State) | Upper - legislative council/reviewer Lower- Legislative assembly/ most legislation most made here Crown governor - Governor/Queen's representative/ royal assent |
| Structure of Parliament (Federal) | Senate (Sky)- legislative council/reviewer House of representative (road, federal level)- Legislative assembly/ most legislation most made here Governor general- Governor/Queen's representative/ royal assent |
Created by:
abbey.sw
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