Basic Legal Concepts
the absence of laws and law enforcement agencies
anarchy
a previous judgement on similar circumstances
precedent
This court hears unexplained or suspicious deaths (or suspected deaths), fires and explosions are properly investigated.
Coroner's Court
I have 151 members elected by the people of Australia. The party that wins the majority of seats forms government.
House of Representatves
The Crimes Act 1900 (NSW)
What source of law?
Statute law
no one is above the law – it is applied equally and fairly to both the government and citizens.
Rule of Law
the essential legal reason why a judge came to a particular decision; a decision in a higher court sets a binding precedent on lower courts
ratio decidendi
Minor criminal offences dealt with in the lower courts versus More serious criminal offences, such as assault and murder dealt with in the higher courts.
Summary v indictable offences.
Established in 1901 under section 71 of the Australian Constitution. Hear appeals and has original jurisdiction for interpretation of the Australian Constitution .
High Court of Australia
Bicameral v unicameral
One house of parliament e.g. ACT versus Two houses, an upper house and a lower house (e.g. NSW)
know the case against you;
present your case;
have a decision made by an unbiased decision-maker
procedural fairness
other remarks made by the judge about the conduct of the trial. They do not form part of the decision so do not set a precedent
obiter dicta
What type of legislation are By-laws – made by local councils under the Local Government Act 1993
Delegated legislation
I deal with more serious criminal matters e.g. manslaughter, sexual assaults, robbery. I cannot deal with are murder. A judge will hear cases here.
District Court
Who am I?
Lower house - Legislative Assembly
Upper house - Legislative Council
Governor
NSW State Parliament
Statute v Common Law
statute: made by parliament
Common law Judges also have the power to make laws in certain cases when they set a precedent
Superior courts do not have to follow decisions made in lower courts. They may, however, use them to help make a decision.
Persuasive precedent
Deal with the most serious criminal matters in NSW such as manslaughter and murder, attempted murder, kidnapping, major conspiracy and drug-related charges. I also have appellate jurisdiction
Supreme Court of NSW
Established to relieve some of the caseload of the Federal and Family Courts and reduce the cost and time required to deal with more minor federal matters.
Federal Circuit Court of Australia
Only commonwealth govt has these powers eg. currency, defence
Exclusive powers
What is 109 of the Constitution
Where a state makes a law that conflicts with a law of the Federal Parliament, s109 states that the Federal legislation will override state legislation
A system where the judge has the task of investigating the case compared to a system where two opposing sides argue their case
What is the Inquisitorial v Adversarial system of trial
Draw the NSW Court Hierarchy (bonus 400 points if all correct)
State lower: Local court (bonus points for coroners and childrens)
state intermediate: (district court of NSW)
State superior (NSW Supreme Court + NSW CCA)
High Court
The review of the actions of a government official or department by a court of law.
Judicial Review
The Parliament (makes law), the Executive (Puts laws into action), the judiciary (Interprets the law)
Separation of powers?