Law Revision
Law Revision
Law Revision
1. Overview
Without a set of rules in a society, there would be chaos. Rules usually exist
to create and maintain a sense of order. However, rules must work, or they
are useless. Society has a set of rules called laws, which everyone in the
community is expected to obey. The difference between rule and a law is
that the police and the courts can enforce laws.
5. Court Hierarchy- Local Court, District Court, Supreme Court and High Court. –
the higher court hear the most serious matters which are at the top of the
hierarchy. The lower courts hear less serious matters, which are at the
bottom of the hierarchy.
Local court – is at the bottom of the hierarchy. All criminal and civil cases
mostly begin in the local court. There is no jury, instead is a magistrate who
hears the cases. In a local court, a magistrate also: hears bail applications,
issues arrest warrants and search warrants, hears applications and
apprehended violence orders (AVOs).
District Courts – the middle court in the legal system. Cases are heard by
judges. Deals with more serious civil cases. Deals with serious criminal
matters such as armed robbery and manslaughter. Also hears appeals from
the local court.
Supreme Court – deals with the most serious criminal cases such as murder,
treason and serious sexual assault. Headed by chief justice. Deals with
appeals from the two lower courts.
High Court – deals with appeals from the state or territory supreme courts.
Deals with laws of which Australia is governed by. The decisions made in the
high court are final. Federal court which means any decision made is applied
to the whole country.
The Drug court of nsw – courts tries to provide long-term solutions for
offenders who have been caught up in the cycle of drug use and crime.
8. Role and selection of juries- empanelling a jury, arguments for and against
jury system.
There are two ways of making laws. Laws that are written down beforehand
are called statue law or acts of parliament. Common law is laws that can be
developed piece by piece by judges as they come across new problems in
cases they hear.
Precedent – judges will give similar decisions in cases that are alike which is
known as the act of precedent. This helps the legal system achieve fairness
and justice as similar cases are dealt within the same way.
Statutory interpretation – courts also make laws when they interpret (decide
on the meaning of) words in a law made by Parliament.
The laws created by parliament have the highest status and must be obeyed
by all people. Laws that are written down beforehand are called statute law.
11. How a bill becomes a law- law making process – steps
Access means equal opportunity for all people to make use of the legal
system. If some people are unable to access the law, then they are
discriminated against and consequently denied justice.
- Air travel
- Currency
- Defence
- Immigration
- Medicare
- Pensions
- Social security
- Taxation
- Trade and commerce
- Foreign affairs
- Postal services
State – an upper house (the Legislative Council) and a lower house (the
legislative assembly). The state government obtains most of its income from
federal government grants, and property and payroll taxes. State government
responsibilities include:
- Aboriginal welfare
- Agriculture and fishing
- Community services
- Consumer affairs
- Education
- Emergency services
- Health
- Law and order
- Public transport
- Road and railways
- Sport and recreation
- Dog/cat registration
- Libraries
- Parks
- Rubbish collection
- Sewerage
- Streets and bridges
- Swimming pools
- Town planning