Legal studies

Subdecks (4)

Cards (35)

  • Legal processes and practices used in Australia today are based on the model developed in England
  • Contemporary Australian law has evolved from both common law and statute law
  • Common law refers to laws created in court by decisions made by judges
  • Statute law refers to laws made by parliament
  • In legal cases, an impartial judge (and sometimes a jury) listens to the evidence presented by both parties
  • The judge then makes a decision as to which side has proved their case and disproved the other side's case
  • The adversarial system of trial
    The word ‘adversary' means 'opponent'. In a trial the two sides of the case try to prove their version of the facts and disprove the version of the other side. The defendant in a criminal trial does not have to prove
    anything, as he or she is assumed to be innocent until proven guilty. However, most people accused of a crime will retain the services of a legal team to show how the prosecution's case is flawed.