8 - Important Phrases

lucygs
Mind Map by , created over 6 years ago

Politics and Law Mind Map on 8 - Important Phrases, created by lucygs on 05/04/2013.

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lucygs
Created by lucygs over 6 years ago
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8 - Important Phrases
1 Statutory Law
1.1 Written Law set out in the Legislature
2 Civil Dispute
2.1 Dispute between 2 or more individuals in a community, state is not directly involved in the action
3 Criminal
3.1 State is involved as a direct participant
3.2 Public Dispute
3.2.1 It is public's desire to ensure prosecution of criminals
4 Tribunal
4.1 Court of Justice
4.2 Federal Native Title Tribunals
5 Adersarial
5.1 Contests/confrentations between contesting parties, often stare with judgements
5.2 United States Legal System
5.3 Used in Civil and Criminal Trial in Oz
5.4 Features
5.4.1 Pre-Trial stage
5.4.2 Partues to dispute are responsible for prep of case
5.4.2.1 eg. Lawyers
5.4.3 Parties decide issue being contested
5.4.3.1 Witness's are called
5.4.4 Case conducted before judge
5.4.4.1 Judge is responsible for a fair trial
5.4.4.1.1 Involved applying rules of evidence
5.4.4.1.1.1 Eg. Witness cannot provide opinion
5.4.5 Conducted in one single continuous hearing
5.5 Pros and Cons
5.5.1 Thoroughly tested
5.5.2 Only relies on evidence given in court
5.5.2.1 Can exclude relevent evidence
5.5.3 Process is long and expensive
6 Inquisitorial Law
6.1 Most European Nations like France, Germany & Africa Aisia and America
6.2 Known as council or court-led trial
6.3 Features
6.3.1 Responsibility is of adjudicator not parties
6.3.1.1 has power to investigate and question witnesses
6.3.2 Heresay evidence can be used
6.3.2.1 "They said this..."
6.3.3 Rules off evidence are less rigid
6.3.3.1 Relevance is sole criterion to admiss evidence
6.3.4 acused has no right to remain silent
6.3.5 criminal and civil are together
6.3.6 Not always a trial. Inquisitor can decide in pre trial
6.4 Advantages
6.4.1 Judges are qualified
6.4.2 Wider range of evidence
6.4.3 Much less expensive $$
7 Important Terms
7.1 Plantif
7.2 Indictable Offence
7.2.1 Crime/offence for which a grand jury decides that there is enough evidence to charge defendant with a felony
7.2.1.1 Eg. Murder, rape, manslaughter kidnapping, and other major crimes

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