【CCL资料】CCL法律词汇系列（二）：legal system 法律体系
Updated: Jan 1
The Australian Legal System
Australia is a parliamentary democracy. The Australian Constitution of 1901 established a federal system of government in Australia. Under this system, powers are distributed between a national government (the Commonwealth) and the six States. The Constitution defines the boundaries of law-making powers between the Commonwealth and the States/Territories.
parliamentary democracy 议会民主
federal system of government 联邦政府制度
Commonwealth 联邦 （不是你的银行的意思哦亲！）
The two major sources of Australian law are:
Cases - the decisions made by judges in the courts; and
Legislation - the legal rules made by parliament and by those to whom parliament has delegated authority
judges in the courts
Supreme court （州最高法院）
It is a superior court of common law and equity, with unlimited jurisdiction within the state.
unlimited jurisdiction 全权管辖
Country/District court （中级法院）
It is the principal trial court in Victoria, sitting above the Magistrates’ Court and below the Supreme Court. They hear all criminal matters except treason and murder and certain other murder-related offenses.
Magistrates’ court （地方法院，初级法院）
It is the lowest court in the state court system
Tribunals can be Government-sponsored or private. They can be administrative or civil. Administrative tribunals are concerned with executive actions of the government. Civil tribunals are concerned with resolving private disputes
sponsored or private 赞助或私人
administrative or civil 行政或民事
executive actions of government 政府的行政行动
resolving private disputes 解决私人纠纷
The person who hears cases and makes decisions in the County Court and Supreme Court. If a judge and a jury hear the case, the judge will be responsible for directing the jury about the law. If the accused is found guilty, the judge will impose the sentence.
Found guilty 被判有罪
Impose the sentence 宣布判决
The person who hears cases and makes decisions in the Magistrates' Court and Children's Court. They decide what happens to a case, whether a case will have to go to another court or be put off until another day, whether the defendant is guilty or not guilty, and any penalty that will be given to the defendant. Some coroners are also magistrates. When you speak to a magistrate or coroner, you should address them as 'Your Honour'.
Tribunal Members are independent statutory officers who hear and determine applications in accordance with the law and the evidence presented. The Tribunal Member will sit at the front of the hearing room. The parties presenting their case sit facing the Member at tables. Address the Member as 'Mr' and 'Ms' and the Member's surname.
independent statutory officers 独立的法定人员
The person who generally carries out the judicial function of hearing and determining issues which arise before and after trial in civil cases. Associate Judges do not hear trials.
judicial function 司法职能
trial in civil cases 民事案件审判
Court officer （法庭工作人员）
Court officer is the law enforcement personnel who work in courts.
law enforcement personnel 执法人员
Bailiff is a manager, overseer or custodian; a legal officer to whom some degree of authority or jurisdiction is given. Bailiffs are of various kinds and their offices and duties vary greatly.
Overseer or custodian 监督员或是监护人
Authority or jurisdiction 权力或管辖权
They enforce warrants and orders issued by courts for both criminal (arising from unpaid fines) and civil (arising from orders made following civil disputes) matters.
Warrants and orders 逮捕令和命令
Sits near the magistrate or coroner, and announces the cases and calls people into court. The bench clerk will direct people where to stand, read the charges out in a criminal proceeding and administer the oath or affirmation to witnesses.
criminal proceeding 刑事诉讼
administer the oath 主持宣誓
affirmation to witnesses 对证人进行宣誓确认
The manager/administrator of the court. It will be a registrar or deputy registrar (or member of the registry staff) who will assist you at a court counter.
registrar or deputy registrar 法院管理者/行政人员
court counter 法院柜台
Tribunal officer/hearing officer（仲裁庭工作人员/听证官员）
Tribunal Officers have responsibility for the management and progression of cases in a larger allocated caseload, facilitating the listing and conduct of hearings, conferences, and other Alternative Dispute Resolution (ADR) processes and responding to case specific enquiries.
management and progression of cases 管理和处理
Alternative Dispute Resolution process 代替性解决争端程序
case specification 具体案件查询
Key Differences Between Hearing and Trial