Nature of Law
Sources of law: 1. Statute law laws crated by State and Federal Parliament 2. Common law courts and judiciary system 3. Equity expands remedies beyond monetary compensation
Classification of law: * International v domestic * Public v private * Substantive (rights and duties under the law) v procedural (rules of evidence and conduct) * Common (parliament and courts) v civil (legal code) * Civil actions v criminal actions
Origins of Australian Law: * 1865 Colonial Laws Validity Act NSW (AUS) can pass own laws as long as they don’t conflict with England laws * 1901 Federation 6 separate states become 1 Government * 1931 Statute of Westminster legislative independence. * 1986 Australia Act Final court of appeal became the High Court
The Westminster System: * A constitutional monarchy * Separation of powers 1) The Parliament Legislative 2) The Executive Government 3) The Judiciary interprets the law
Making a law: 1. Draftsman drafts a Bill 2. 1st, 2nd, 3rd reading in HOR 3. 1st, 2nd, 3rd reading in Senate 4. Governor General consent 5. Bill becomes an Act and become law
The Judiciary:
Rule of law a means of maintaining the balance between personal freedom and legislative power in a modern democracy.
Role of the courts:
Impose a legally binding decision on the parties to the dispute.
Features of the court hierarchy: * Provides a system of appeals * Allows different forms of hearing * Instrumental in building up precedent
Courts jurisdiction: 1. Original jurisdiction authority to hear case 2. Appellate jurisdiction authority to hear appeals from decisions of a lower or equal level of hierarchy
State court systems: 1. Inferior courts aim to settle disputes quickly and locally (Local courts) 2. Intermediate courts