Legal — the Aussie legal system on one page
VCE Legal Studies · Australian legal system basics · 6 flashcards, free to study.
Court hierarchy, precedent, burden of proof. Unit 1/2 foundation that Unit 3 keeps using.
- Separation of powers — three branches
- Legislative (makes laws), Executive (administers laws), Judicial (interprets laws).
- Difference between common law and statute law
- Common law: made by courts via precedent. Statute: made by parliament.
- What is the doctrine of precedent?
- Lower courts must follow legal principles set by higher courts in the same jurisdiction (stare decisis).
- Distinguishing a case — what does it mean?
- A court argues material facts differ enough that a binding precedent does not apply.
- Role of the High Court
- Highest court in Australia; interprets the Constitution and hears appeals.
- What's the burden of proof in criminal cases?
- Beyond reasonable doubt — held by the prosecution.