Basic Legal Concepts (Chapter 2)

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Adversarial system
A system of resolving conflicts, used in common law countries such as England and Australia,that relieson the skill of represtentatives for each side (e,g defence and prosecution lawyers) who present their case to an impartial decision maker
Appeal
An application to have a higher court reconsider a lower courts decision, on the basis of an error of law.
Appellate jurisdiction
The ability or power of a court to hear appeals of the decisions of lower courts and to reject, affirm or modify those decision.
Bicameral
Containing two chambers or houses of parliament
Bill
A drafted law that has not yet been passed by parliament
Common law
Law made by courts, historically law common to England
Concurrent powers
Existing at the same time; powersheld by both state and federal parliaments
Customary law
Principles and procedures that have developed according to the customs of a people or nation, or groups of nations, and are treated as obligatory.
Defamation
The act of making statements or suggestions that harm someones reputation in the community.
Delegated legslation
Laws made by authorites other than parliment, who are delegated the power to do this by an act of parliment
Domestic law
The law of a nation
Equity
The state or quality of being equal, that is of having the same rights or status.
Exclusive powers
Powers that can be excercised only by the federal parliament
Ex parte
(latin) 'from one side'; in a case the means the other side is absent or unrepresented
External affairs power
The power of the Commonwealth to legislate on international matters involving australia; interpreted by the High Court to mean that when the Commonwealth signs an international treaty or convention it has teh authority to enact laws to give effect to the international law within Australia.