Common Law System - Based on precedent and operates in conjunction with Statue Law
Legislation - A written law or set of laws enacted by a legislative authority such as Parliament.
Statute Law - Written laws passed by parliament that are enforceable by the courts.
Civil Law - A legal system where judges interpret existing statutes (laws) rather than making new ones.
The Three Levels of Government are Federal Parliament, State/Territory Parliament and Local Council
State and Territory Parliaments collect smaller taxes
Morals are personal principles that guide behaviour and are based on a person's beliefs and values.
Ethics are a standard of 'Good and Bad' distinguished by a certain community and social setting
Ethics are moral codes that people in societies must conform to
The Separation of Powers include the Judiciary, Executive and Parliament
The Judiciary has the power to make judgements on the Law
The "Separation of Powers" is the principle that the power to make and manage laws should be shared between them, this is done to avoid a dictatorship
The High Court deal with the most serious crimes.
In Civil cases, the Higher Courts hear case that will affect many people or involve large sums of money.
Local court has no jury, instead there is a magistrate.
The magistrate deals with minor civil matters.
District Court are heard by Judges, dealing with more serious civil cases and serious civil matters. A jury will decide wheter the accused is guilty or not. The judge decides on a sentence.
The Supreme court is the highest Court in NSW, they deal with more serious criminal cases and appeals from the two lower courts. Their judgements are binding on all lower courts.
High Court deals with appeals from the state or territory Supreme Courts. They create laws that then affect the powers of parliaments.
Defence Lawyer- Represents the defendant or accused person
Prosecutor - represents the police or state in criminal matters.
The process of selecting a jury is called an Empanelment
The types of Law are Criminal, Civil and Customary Law.
The 2 Law systems are Common Law and Statue Law
Common Law System can change over time in response to society and new developments in the law
Criminal law is prosecution by breaking the law ( crimes and their punishments) and is designed to protect societies by holding people accountable for their actions
Civil Law deals with disputes between individuals and organisations, including Contract, Property, Family and Tort law.
Customary law refers to unwritten legal norms, traditions and practices that have developed over time within Indigenous communities
Domestic Law leads to dealing with the country's legal system
International Law sets standards of acceptable behaviour for nations and their citizens within issues that cross borders
Private Law deals with how indiviuals interact with each other
Public law regulates peoples behaviour within society
A Bill is a proposal for a new law or change to an existing one.
For a Bill to be passed, it must be agreed upon a majority vote in both houses of Parliament.
Magistrate - Deals with minor civil disputes and minor criminal matters in Local Court
Access to the law means equal opportunity for all people
If one is unable to access the law, they are discriminated and denied justice
Reasons people may not have access to the law
Cost, Time, Procedures, Language and Distance
Legal aid provides free legal services to those who cannot afford them ( E.g. Legal Advice and Information )
If a Bill is passed, it becomes an Act of Parliament, which would then be legally binding for all Australians