Legal prelim course study notes Essay Example

on governments safeguarding human rights including those relating to speech association or religion. Anarchy signifies a lack of laws regulating societal behavior while tyranny characterized by a single leader holding absolute power in a state. Both common and statute law influenced Australia's legal system after Britain introduced its laws in 1788.Common law, which originated in England, is created through judicial decisions. On the other hand, statute law is made by parliament. Both Australia and England utilize the Adversarial System to settle legal disputes where impartial decision makers make judgments based on evidence presented by each side.In contrast, some civil legal systems use the Inquisitorial System in which the court conducts the trial actively and decides what questions to ask.Equity supplements common law by assessing each case's merits using moral principles to correct any injustices.Precedent serves as a reference for legal principles that provide direction when deciding similar cases.However, persuasive precedent may influence but not bind a court's decision-making process.Stare Decides refers to non-legally binding references made from previous judgments such as those of House of Lords in Britain.Lower courts are required to abide by these decisions.When no prior decision is available for guidance, courts employ principles of common and statutory law along with societal developments and common sense.Jurisdiction pertains to a court's authority based on geographic location, types of cases it can decide upon, and remedies it can award.A new ruling creates precedent containing essential legal reasoning behind the judgment and other statements justifying it later.Australia's legal system comprises two overlapping jurisdictions, state and federal. All courts have the authority to hear cases first-hand; however, some also consider appeals from lower courts. The local court

or magistrate's court deals with summary offenses like loitering and obstructing traffic in criminal proceedings as well as civil matters below $100k in value range and limited family law concerns while conducting committal hearings for indictable offenses. Magistrates preside over these instances to determine punishments for criminal activities. Most criminal trials take place in lower courts, with only severe crimes referred up higher to district or supreme courts. A committal hearing is held for indictable offences to assess evidence and decide if the case should be tried in a higher court. In certain family law cases, the local court has federal jurisdiction. Criminal and civil cases like larceny and manslaughter charges along with civil claims between $100,001 and $750,000 are handled by NEWS' district court. With mutual agreement from both parties, larger sums of money can also be managed by this court that has appellate jurisdiction too. Superior courts deal with major indictable offenses while serving as the final point of appeal for lower courts besides handling corporations law within Australia and Asia.Statute laws can be made by Parliament where state, territory, and federal governments possess legislative power too.Australia has a bicameral parliamentary structure consisting of an upper house named the Senate and a lower house called the House of Representatives. The Governor-General holds authority over both houses, and parliament has a maximum three-year term while elections can be called anytime by government. With 150 members representing electorates, the primary role of the House of Representatives is to create or modify laws. A proposed law becomes an Act of Parliament once it passes through the House of Representatives as a bill initially.

The Senate, also known

as the States House in Australia, reviews legislation and holds a minority with equal power to the House of Representatives. It can request amendments to bills during this process. In case there's no majority winner in Parliament (hung), then Governor-General representing Queen have power to dismiss one Prime Minister or appoint another.

The legislative process involves five stages: first reading, second reading, committee stage, third reading and review by the upper house.The delegated legislation is created by bodies authorized by Act Of Parliament like local councils or government departments for regulations and rules which may fall under delegated legislation types used for governmental purposes where by-laws allows local governments to create laws within their boundaries.Australia's constitution, established in 1901, outlines fundamental laws governing the country. This text discusses the distribution of power between federal and state authorities through separation of powers. Exclusive Powers are given solely to Commonwealth Parliament for trade, foreign relations and defense; Residual Powers are held by states after federation in areas such as health, transport and education; Concurrent Powers are shared equally by both levels. The Separation of Powers aims to distribute authority fairly and prevent misuse of power while restricting constitutional authority. The Commonwealth executive collaborates with Parliament and Courts to ensure governments operate within their constitutional boundaries. The High Court safeguards the constitution by enforcing compliance with governance according to constitutional power while maintaining lawfulness impartially. It has two main roles: it exercises its original jurisdiction over lawsuits initially heard in the high court and acts as the ultimate appellate court. As Australia's highest court, it can hear appeals from both federal courts and state supreme courts. Land ownership is

a significant difference between Aboriginal/Tortes Strait Islanders customary law and European legal tradition.While European law prioritizes property rights, especially concerning land, Indigenous Australians view land as sacred and owned collectively. Kinship holds significant importance in their society as it signifies family relationships and extended family ties. Customary laws serve as guiding principles that are based on customs unique to a people or nation's traditions. The concept of Terra nullius, which suggests that the land belonged to no one when Europeans first arrived in Australia, has been declared legally invalid. For Aboriginals and Torres Strait Islanders, their customs link them spiritually to the land and water; hence losing territory is equivalent to losing culture and history. Under customary law, resources are managed by the community rather than individual ownership; elders hold authority over preserving traditional knowledge within indigenous communities through oral transmission of these laws. Violating community laws leads to punishment administered by elders while rituals form part of customary law with alternative dispute resolution often involving mediation with neutral third parties present. In Australia, customary law influences several aspects of the legal system including environmental law based on sustainable development practices along with conciliation/mediation techniques used for resolving disputes concerning criminal, consumer, and employment law issues.Mitigation involves considering factors such as provocation to reduce the severity of sentences, while Domestic Law refers specifically to laws applicable to a particular country's population. Australia is an example of a nation that possesses sovereignty, which includes various elements like defined territory, permanent population, and effective government. A sovereign state also has the authority to engage in international negotiations and enforce regulations.

The term "state" can also refer to political

divisions within federations like Tasmania and NEWS. International law plays a crucial role in governing relationships between nations by promoting trade while mitigating conflicts. Unlike domestic laws enforced through legal tribunals, international laws are overseen by law enforcement agencies.

Domestic laws are created through parliament or court rulings, whereas treaties negotiated among countries serve as the primary source of international laws. The United Nations provides assistance to countries in need through its treaty that over 20 nations have signed up for.

International Customary Law is based on long-standing traditions followed by many states worldwide; however, it only becomes legally binding when states acknowledge its obligatory nature. The United Nations comprises all 194 member states and led by the General Assembly at its New York headquarters.The United Nations has made significant strides towards improving human rights, reducing global disease and hunger, and creating legal frameworks for prosecuting international crimes. This effort is carried out not only through the Security Council, which is comprised of representatives from victorious WWII countries such as the UK, US, Russia, China, and France but also through intergovernmental organizations (IGOs) that function as agencies of the UN or pursue mutual interests among countries. Non-governmental organizations (NGOs), including Amnesty International, are independent groups with shared goals ranging from promoting peace to providing disaster relief. These groups work towards protecting women from violence, preserving human rights, eliminating capital punishment and freeing prisoners of conscience while upholding people's rights. Although international law cannot be enforced in Australia without domestic legislation implementing treaty provisions. The classification of law can be divided into public law - which covers governmental structure and relationships between individuals as well as constitutional and

administrative functions- private law -which governs individual relationships involving contracts,family,torts,and property- criminal law -aiming to maintain societal safety by punishing acts or omissions considered offensive against society- and administrative law which deals with government powers and decisions made by government bodies.The taxpayer can challenge their tax assessment under specific grounds through internal review, external review or judicial review as per administrative law. Constitutional law governs rules for executive, legislative and judicial functions of the government in public law. Civil jurisdiction empowers courts to hear disputes between private individuals and award civil remedies while contract law involves legal agreements between two or more parties; if a party breaches it, the plaintiff may seek injunction or specific performance after a decision-making process by one or more judges in civil court. Torts include civil wrongs like negligence, nuisance, trespass, false imprisonment, defamation and property law that covers possessions and assets with monetary value such as land or buildings along with intangible goods like shares or computer programs. Plaintiff or prosecution has to prove their case by meeting a certain standard of proof known as the degree or level of proof during criminal and civil court proceedings where the prosecution must prove guilt beyond reasonable doubt to secure conviction against the accused.