Sources of Australian Contemporary Law <br />
Australia’s legal system is based on an adversarial system of trial<br />in an adversarial system, the parties to a court ...
in an inquisitorial system, the judge is actively involved in asking questions, calling evidence and determining the case ...
Australia imported common law from England when the country was settled by British colonists<br />over time, Australia dev...
‘Precedent’ is the basis of Australia’s system of common law <br /> when a court decides a case, the reason for the decisi...
courts are bound by precedents, and lower courts will be bound by the decisions of higher courts –  this is known as bindi...
Two important terms<br />RatioDecidendi– the legal reason why a judge came to a particular decision<br />Obiter Dicta – co...
Go to my website for extensive information<br />Court Hierarchy <br />http://year11-legalstudies.wikispaces.com/The+Court+...
Local Court (Magistrates Court)<br />most criminal cases begin here<br />presided over by magistrate (no jury)<br />deals ...
coroner ensures all deaths, suspected deaths, fires and explosions which come under the his/her jurisdiction are properly ...
is a closed court<br />presided over by Magistrate (no jury)<br />rehabilitation is the primary purpose of sentencing<br /...
Specialised court enforcing environmental law<br />Concerned with environmental planning and offences<br />Land and Enviro...
has appellate jurisdiction from Local Court –<br />presided over by a judge<br />trial by jury or judge along<br />deals w...
has appellate jurisdiction from District Court and Local Court<br />highest court in NSW (deals with most serious criminal...
has appellate jurisdiction from District Court and Supreme Court<br />Grounds for appeal include:<br />challenging a convi...
To Relieve press on other federal courts<br />It does not deal with criminal matters<br />This court has been dissolved<br...
Deals with industrial matters and bankruptcy<br />Deals with civil matters (except family matters)<br />The Federal Court ...
Complex family matters – Divorce, parenting orders, division of property<br />The Family Court of Australia<br />
Deals with appeals from the federal courts and state supreme courts<br />Cases involving the interpretation of the Austral...
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Sources of australian contemporary law 1

  1. 1. Sources of Australian Contemporary Law <br />
  2. 2. Australia’s legal system is based on an adversarial system of trial<br />in an adversarial system, the parties to a court case are opponents who must prove their version of events to ‘win’ the case - the judge is only an impartial observer<br />Adversarial and Inquisitorial Systems<br />
  3. 3. in an inquisitorial system, the judge is actively involved in asking questions, calling evidence and determining the case <br />Wood Royal commission used an inquisitorial system<br />
  4. 4. Australia imported common law from England when the country was settled by British colonists<br />over time, Australia developed its own system of courts and law as it became independent from Britain<br />Common Law<br />
  5. 5. ‘Precedent’ is the basis of Australia’s system of common law <br /> when a court decides a case, the reason for the decision can become a precedent for future cases<br /> in this way the law develops a body of case law that is applied in future judgments<br /> this is sometimes known as ‘judge-made law’<br />The Doctrine of Precedent<br />
  6. 6. courts are bound by precedents, and lower courts will be bound by the decisions of higher courts – this is known as binding precedent<br />when a court is not bound by another court’s judgment it can still be influential – this is known as persuasive precedent<br />
  7. 7. Two important terms<br />RatioDecidendi– the legal reason why a judge came to a particular decision<br />Obiter Dicta – comments from a judge in a case that are not directly relevant to the case (there not legally binding)<br />Judge making a decision<br />
  8. 8. Go to my website for extensive information<br />Court Hierarchy <br />http://year11-legalstudies.wikispaces.com/The+Court+Structure<br />
  9. 9.
  10. 10. Local Court (Magistrates Court)<br />most criminal cases begin here<br />presided over by magistrate (no jury)<br />deals with summary matters<br />no appellate jurisdiction<br />committal proceedings regarding serious matters to determine whether a prima facie case exists<br />
  11. 11. coroner ensures all deaths, suspected deaths, fires and explosions which come under the his/her jurisdiction are properly investigated<br />inquisitorial approach<br />Video: http://www.youtube.com/watch?v=RT3iPXklKK0<br />Coroner’s Court<br />
  12. 12. is a closed court<br />presided over by Magistrate (no jury)<br />rehabilitation is the primary purpose of sentencing<br />Video: http://www.youtube.com/watch?v=FKBki73KnMU<br />Children’s Court<br />
  13. 13. Specialised court enforcing environmental law<br />Concerned with environmental planning and offences<br />Land and Environment court<br />
  14. 14. has appellate jurisdiction from Local Court –<br />presided over by a judge<br />trial by jury or judge along<br />deals with serious criminal (Indictable) offences<br />Video: http://www.youtube.com/watch?v=41UWqMyMSVI<br />District Court<br />
  15. 15. has appellate jurisdiction from District Court and Local Court<br />highest court in NSW (deals with most serious criminal offences e.g. murder, attempted murder <br />hears bail applications presided over by judge<br />trial by jury<br />Video: http://www.youtube.com/watch?v=bsWB8QmGJgs&playnext=1&list=PL8CDAD32EB1A64C76<br />The Supreme Court of NSW<br />
  16. 16. has appellate jurisdiction from District Court and Supreme Court<br />Grounds for appeal include:<br />challenging a conviction involving a question of law<br />questions of fact, mixed questions regarding sentence severity or adequacy<br />The court of Criminal Appeal<br />
  17. 17. To Relieve press on other federal courts<br />It does not deal with criminal matters<br />This court has been dissolved<br />The Federal Magistrates Court<br />
  18. 18. Deals with industrial matters and bankruptcy<br />Deals with civil matters (except family matters)<br />The Federal Court of Australia<br />
  19. 19. Complex family matters – Divorce, parenting orders, division of property<br />The Family Court of Australia<br />
  20. 20. Deals with appeals from the federal courts and state supreme courts<br />Cases involving the interpretation of the Australian constitution<br />Video:http://www.youtube.com/watch?v=lXxyTLbZNgw<br />The High Court of Australia<br />
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