Australian Legal System and legal terms Questions & Answers
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Course
Australian Legal
Institution
Australian Legal
What is the term for the person who brings a civil legal action to court for the first time? - ANSWERSThe Plaintiff
What is the Court of highest authority and last appeal in Australia? - ANSWERSThe High Court
What does it mean if a decision constitutes a binding precedent? - ANSWERSSubsequent...
Australian Legal System and legal terms
Questions & Answers
What is the term for the person who brings a civil legal action to court for the first time? -
ANSWERSThe Plaintiff
What is the Court of highest authority and last appeal in Australia? - ANSWERSThe
High Court
What does it mean if a decision constitutes a binding precedent? -
ANSWERSSubsequent decisions in cases which have the same material facts as the
precedent case must follow the earlier decision.
What is another word for legislation? - ANSWERSStatute law (or Acts of Parliament)
What is the term given for a proposed new piece of legislation that has not been passed
into law? - ANSWERSA Bill.
Can a decision of a Victoria court form a binding precedent for a Western Australian
court? Why? Why not? - ANSWERSNo because each court has its own hierarchy.
Decisions of courts in other states and territories are not binding but can be persuasive
(ie they can influence the decision but judges don't have to follow it).
If we say something is a civil law action what do we mean? - ANSWERSWe mean that it
does not come under criminal law and a person who is successful in bringing a civil law
action is usually entitled to compensation (damages) or another remedy against the
defendant.
Can someone go to prison if they are found liable in a civil law action? - ANSWERSNo -
you can only go to prison if you are found guilty of a criminal offence. The defendant in
a civil action may have to pay compensation to the person who brought the action,
though.
What are the sources of law in Australia? - ANSWERSStatute law (legislation) and the
common law (decisions of judges).
What is the term giving to the person who appeals a judgment of a lower court and what
is the term giving to the other party? - ANSWERSThe party bringing the appeal is the
appellant and the other party is known as the respondent.
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