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EXPLAIN THE STATUTE OF WESTMINSTER 1931 (IMP)
THE CTH PARLIAMENT GAINED THE RIGHT TO REPEAL OR AMEND APPLICABLE LAWS PASSED BY THE ENGLISH PARLIAMENT
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WHAT ARE EXCLUSIVE POWERS IN RELATION TO CTH & STATE POWERS (GIVE EXAMPLES)?
- COMMONWEALTH ONLY POWERS
- CUSTOMS
- MILITARY
- CURRENCY
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WHAT ARE CONCURRENT POWERS IN RELATION TO CTH & STATE POWERS (GIVE EXAMPLES)?
- POWERS SHARED BY STATE & CTH
- INSURANCE
- BANKING
- INDUSTRIAL RELATIONS
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WHAT ARE RESIDUAL POWERS IN RELATION TO CTH & STATE POWERS (GIVE EXAMPLES)?
- STATE ONLY POWERS
- EDUCATION
- LOCAL GOVT
- TRANSPORT
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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
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WHAT ARE THE 3 POWERS OUTLINED IN THE DOCTRINE OF SEPARATION OF POWERS
- LEGISLATIVE POWER
- EXECUTIVE POWER
- JUDICIAL POWER
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LEGISLATIVE POWER IS ADMINSTERED BY: (AND WHAT FUNCTION DOES IT SERVE?)
THE PARLIAMENT - MAKE THE LAW
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EXECUTIVE POWER IS ADMINSTERED BY: (AND WHAT FUNCTION DOES IT SERVE?)
THE EXECUTIVE - ADMINISTER THE LAW
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JUDICIALPOWER IS ADMINSTERED BY: (AND WHAT FUNCTION DOES IT SERVE?)
JUDICIARY - INTERPRET THE LAW
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FEDERAL PARLIAMENT CONSISTS OF: (3)
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THE EXECUTIVE IS MADE UP OF:
GOVT DEPT, MINISTERS WHO RUN THEM AND PRIME MINISTER
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DEFINE JURISDICTION
AUTHORITY OF THE COURT TO HEAR A CASE AND MAKE A DECISION
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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
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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
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WHAT IS THE PLAINTIFF (IN TERMS OF CIVIL ACTION)
THE PERSON STARTING THE CIVIL ACTION
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WHAT IS THE DEFENDANT (IN TERMS OF A CIVIL ACTION)
THE PERSON DEFENDING A CIVIL ACTION
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WHO HAS THE BURDEN OF PROOF IN A CIVIL ACTION
PLAINTIFF
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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
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WHAT IS THE RESPONDENT (IN TERMS OF A CIVIL ACTION)
THE PARTY WHO WAS SUCESSFUL IN THE FIRST ACTION
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WHAT IS THE CROWN (IN TERMS OF A CRIMINAL ACTION)
THE STATE, AGAINST THE ACCUSED
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WHAT IS THE ACCUSED (IN TERMS OF A CRIMINAL ACTION)
THE PERSON AGAINST WHOM A CRIMINAL ACTION IS BROUGHT BY THE STATE
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WHO HAS THE BURDEN OF PROOF IN A CRIMINAL ACTION
THE CROWN
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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
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WHAT IS PRECIDENT
CASE LAW- DECISIONS MADE BY JUDGES
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WHAT IS THE DOCTRINE OF PRECEDENT
SIMILAR CASES ARE TO BE TREATED IN A SIMILAR FASHION
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BINDING PRECIDENT OCCURS WHEN THE DECISION IS FROM A ____ COURT IN ____ HIERARCHY
HIGHER, THE SAME
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A PERSUASIVE PRECEDENT CAN OCCUR WHEN TEH DECISION COMES FROM A ____ COURT IN THE SAME HIERARCHY OF FROM ANY COURT INA _____ HIERARCHY
LOWER, DIFFERENT
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EXPLAIN RATIO DECIDENDI
THE REASON FOR DECIDING
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EXPLAIN OBITER DICTUM
SAYINGS BY THE WAY
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CAN OBITER DICTUM BE BINDING?
NO, ONLY PERSUASIVE
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