The Courts (VCE SSCE Legal Studies): Flashcards

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Introduction to the courts
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Law made by parliament

Statute law (also called legislation)

Law made by judges through court decisions

Common law (also called case law or judge-made law)

Supreme law-making body in Australia

Parliament

Primary function of courts

Resolving criminal and civil disputes

Two ways courts make law

Statutory interpretation & establishing new legal principles

Process of judges clarifying meaning of statutes

Statutory interpretation

Latin term meaning 'beyond the powers'

Ultra vires

Court with exclusive authority on constitutional disputes

High Court of Australia

Doctrine separating executive, legislative & judicial power

Separation of powers

How judges gain their position (not elected)

Appointed by government

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