往期链接：
（一）：Australian court hierarchy
咱们上次说完了澳大利亚法院等级
今天就来深扒澳大利亚的
legal system
（法律体系）
小柠檬在此高能预警
前方的内容可能会非常非常的“丰富”哦~
CCL词汇系列：
1. 涵盖笔果课程五大主题：
社会福利，法律，商业，教育及医疗
2. 词汇资料文章将包含简单的词汇的相关背景知识
3. 能帮助同学们更加了解
Australian context，
加深对词汇的记忆
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.
议会民主 | |
联邦政府制度 | |
联邦 （不是你的银行的意思哦亲！） | |
国家/地区 |
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
法庭上的法官 | |
议会 | |
委托权限 |
Supreme court
（州最高法院）
It is a superior court of common law and equity, with unlimited jurisdiction within the state.
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 offences.
叛国罪 |
Magistrates’ court
（地方法院，初级法院）
It is the lowest court in the state court system
Tribunal
（仲裁庭）
Tribunals can be Government sponsored or private. They can be administrative or civil. Administrative tribunals are concerned with executive actions of government. Civil tribunals are concerned with resolving private disputes
赞助或私人 | |
行政或民事 | |
政府的行政行动 | |
解决私人纠纷 |
Judge
（法官）
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.
陪审团 | |
被判有罪 | |
宣布判决 |
Magistrate
（地方法官）
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'.
被告 | |
验尸官 |
Member
（仲裁官）
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.
独立的法定人员 |
Associate
（法官助理）
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.
司法职能 | |
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.
执法人员 |
Bailiff
（法庭执行官）
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.
监督员或是监护人 | |
权力或管辖权 |
Sheriff
（法庭治安管）
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.
逮捕令和命令 | |
刑事 | |
民事 |
Clerk
（书记员）
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.
刑事诉讼 | |
主持宣誓 | |
对证人进行 宣誓确认 |
Registrar
（登记官）
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.
法院管理者/行政人员 | |
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 case load, facilitating the listing and conduct of hearings, conferences and other Alternative Dispute Resolution (ADR) processes and responding to case specific enquiries.
管理和处理 | |
代替性解决争端程序 | |
具体案件查询 |
Hearing
译法
Key Differences Between Hearing and Trial
看不懂的话~小柠檬贴心附上中文版哦~
怎么样~这期的内容是不是
让你见识到了澳洲法律体系有多严谨！
小柠檬话不多说，大家好好学习
如果觉得内容有用的话
欢迎转发评论，并且让我们出现在“看一看”界面哦~
跟紧小柠檬的步伐
咱们下期见！
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