LIM - LECTURE 2

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beligagu
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29271
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LIM - LECTURE 2
Updated:
2010-08-08 00:28:18
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LAW
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LIM - LECTURE 2
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  1. EXPLAIN THE STATUTE OF WESTMINSTER 1931 (IMP)
    THE CTH PARLIAMENT GAINED THE RIGHT TO REPEAL OR AMEND APPLICABLE LAWS PASSED BY THE ENGLISH PARLIAMENT
  2. WHAT ARE EXCLUSIVE POWERS IN RELATION TO CTH & STATE POWERS (GIVE EXAMPLES)?
    • COMMONWEALTH ONLY POWERS
    • CUSTOMS
    • MILITARY
    • CURRENCY
  3. WHAT ARE CONCURRENT POWERS IN RELATION TO CTH & STATE POWERS (GIVE EXAMPLES)?
    • POWERS SHARED BY STATE & CTH
    • INSURANCE
    • BANKING
    • INDUSTRIAL RELATIONS
  4. WHAT ARE RESIDUAL POWERS IN RELATION TO CTH & STATE POWERS (GIVE EXAMPLES)?
    • STATE ONLY POWERS
    • EDUCATION
    • LOCAL GOVT
    • TRANSPORT
  5. EXPLAIN THE DOCTINE OF SEPARATION OF POWERS
    SEEKS TO CONFINE THE EXERCISE OF THE LEGISLATIVE, EXECUTIVE AND JUDICIAL BRANCHES OF THE GOVT EXCLUSIVELY TO THEIR RESPECTIVE INSTITUTIONS
  6. WHAT ARE THE 3 POWERS OUTLINED IN THE DOCTRINE OF SEPARATION OF POWERS
    • LEGISLATIVE POWER
    • EXECUTIVE POWER
    • JUDICIAL POWER
  7. LEGISLATIVE POWER IS ADMINSTERED BY: (AND WHAT FUNCTION DOES IT SERVE?)
    THE PARLIAMENT - MAKE THE LAW
  8. EXECUTIVE POWER IS ADMINSTERED BY: (AND WHAT FUNCTION DOES IT SERVE?)
    THE EXECUTIVE - ADMINISTER THE LAW
  9. JUDICIALPOWER IS ADMINSTERED BY: (AND WHAT FUNCTION DOES IT SERVE?)
    JUDICIARY - INTERPRET THE LAW
  10. FEDERAL PARLIAMENT CONSISTS OF: (3)
    • QUEEN
    • SENATE
    • HOUSE OF REPS
  11. THE EXECUTIVE IS MADE UP OF:
    GOVT DEPT, MINISTERS WHO RUN THEM AND PRIME MINISTER
  12. DEFINE JURISDICTION
    AUTHORITY OF THE COURT TO HEAR A CASE AND MAKE A DECISION
  13. WHY IS THE PRIVY COUNCIL NO LONGER USED
    THE AUSTRALIA ACT 1986 SAW THE TERMINATION OF THE RIGHT OF APPEALS FROM STATE SUPREME COURTS TO THE PRIVY COUNCIL; COMPLETE SEPARATION OF JUDICIAL SYSTEM BETWEEN AUST & BRITAIN
  14. WHAT IS THE CIVIL JURISTICTION (IN TERMS OF $) OF:
    MAGISTRATES COURT
    DISTRICT COURT
    SUPREME COURT
    • MC - <$50,000
    • DC - $50,000 - $250,000
    • SC - >$250,000
  15. WHAT IS THE PLAINTIFF (IN TERMS OF CIVIL ACTION)
    THE PERSON STARTING THE CIVIL ACTION
  16. WHAT IS THE DEFENDANT (IN TERMS OF A CIVIL ACTION)
    THE PERSON DEFENDING A CIVIL ACTION
  17. WHO HAS THE BURDEN OF PROOF IN A CIVIL ACTION
    PLAINTIFF
  18. WHAT IS THE APPELLANT(IN TERMS OF A CIVIL ACTION)
    THE PERSON APPEALING AGAINST A PREVIOUS DECISION AND WHO CAN BE EITHER THE PLAINTIFF OR DEFENDANT FROM THE FIRST CASE
  19. WHAT IS THE RESPONDENT (IN TERMS OF A CIVIL ACTION)
    THE PARTY WHO WAS SUCESSFUL IN THE FIRST ACTION
  20. WHAT IS THE CROWN (IN TERMS OF A CRIMINAL ACTION)
    THE STATE, AGAINST THE ACCUSED
  21. WHAT IS THE ACCUSED (IN TERMS OF A CRIMINAL ACTION)
    THE PERSON AGAINST WHOM A CRIMINAL ACTION IS BROUGHT BY THE STATE
  22. WHO HAS THE BURDEN OF PROOF IN A CRIMINAL ACTION
    THE CROWN
  23. WHY HAVE A HIERARCHY OF COURTS? (3)
    • PROVIDES A SYSTEM OF APPEALS
    • ALLOWS FOR DIFFERENT FORMS OF HEARING ACCORDING TO THE GRAVITY OF THE CASE (EG. MORE EXPERIENCED JUDGES HIGHER UP)
    • ALLOWS FOR A BUILD UP OF PRECEDENT
  24. WHAT IS PRECIDENT
    CASE LAW- DECISIONS MADE BY JUDGES
  25. WHAT IS THE DOCTRINE OF PRECEDENT
    SIMILAR CASES ARE TO BE TREATED IN A SIMILAR FASHION
  26. BINDING PRECIDENT OCCURS WHEN THE DECISION IS FROM A ____ COURT IN ____ HIERARCHY
    HIGHER, THE SAME
  27. A PERSUASIVE PRECEDENT CAN OCCUR WHEN TEH DECISION COMES FROM A ____ COURT IN THE SAME HIERARCHY OF FROM ANY COURT INA _____ HIERARCHY
    LOWER, DIFFERENT
  28. EXPLAIN RATIO DECIDENDI
    THE REASON FOR DECIDING
  29. EXPLAIN OBITER DICTUM
    SAYINGS BY THE WAY
  30. CAN OBITER DICTUM BE BINDING?
    NO, ONLY PERSUASIVE

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