69515
8 - Important Phrases
- Statutory Law
- Written Law set out in the Legislature
- Written Law set out in the Legislature
- Civil Dispute
- Dispute between 2 or
more individuals in a
community, state is not
directly involved in the
action
- Dispute between 2 or
more individuals in a
community, state is not
directly involved in the
action
- Criminal
- State is involved as a direct participant
- Public Dispute
- It is public's desire to
ensure prosecution of
criminals
- It is public's desire to
ensure prosecution of
criminals
- State is involved as a direct participant
- Tribunal
- Court of Justice
- Federal Native Title Tribunals
- Court of Justice
- Adersarial
- Contests/confrentations between
contesting parties, often stare with
judgements
- United States Legal System
- Used in Civil and Criminal Trial in Oz
- Features
- Pre-Trial stage
- Partues to dispute are
responsible for prep of
case
- eg. Lawyers
- eg. Lawyers
- Parties decide issue being contested
- Witness's are called
- Witness's are called
- Case conducted before judge
- Judge is responsible for a fair trial
- Involved applying rules of evidence
- Eg. Witness cannot provide opinion
- Eg. Witness cannot provide opinion
- Involved applying rules of evidence
- Judge is responsible for a fair trial
- Conducted in one single continuous hearing
- Pre-Trial stage
- Pros and Cons
- Thoroughly tested
- Only relies on evidence given in court
- Can exclude relevent evidence
- Can exclude relevent evidence
- Process is long and expensive
- Thoroughly tested
- Contests/confrentations between
contesting parties, often stare with
judgements
- Inquisitorial Law
- Most European Nations like France, Germany & Africa Aisia and America
- Known as council or court-led trial
- Features
- Responsibility is of adjudicator not parties
- has power to investigate and question witnesses
- has power to investigate and question witnesses
- Heresay evidence can be used
- "They said this..."
- "They said this..."
- Rules off evidence are less rigid
- Relevance is sole criterion to admiss evidence
- Relevance is sole criterion to admiss evidence
- acused has no right to remain silent
- criminal and civil are together
- Not
always a
trial.
Inquisitor
can decide
in pre trial
- Responsibility is of adjudicator not parties
- Advantages
- Judges are qualified
- Wider range of evidence
- Much less expensive $$
- Judges are qualified
- Most European Nations like France, Germany & Africa Aisia and America
- Important Terms
- Plantif
- Indictable Offence
- Crime/offence for which a grand jury decides that
there is enough evidence to charge defendant with
a felony
- Eg. Murder, rape, manslaughter kidnapping, and other major crimes
- Eg. Murder, rape, manslaughter kidnapping, and other major crimes
- Crime/offence for which a grand jury decides that
there is enough evidence to charge defendant with
a felony
- Plantif
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