Law and Indigenous Australians Essay

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Legal Notes Yearly exams Year 11
The legal System- Topic 1
Definitions-
Rules-set boundaries of behaviour to certain groups
Laws- sets boundaries of behaviour to everyone
Anarchy- Rules are not applied to communities
Fairness- Treating people how everyone believes they deserve to be treated, taking into account differences.
Justice- Appropriate punishment applied to criminals etc.
Custom- How people act, do things etc.
Sanction- Consequence of something. A punishment
Morality- What we think is right or wrong.
Equality- Treating everyone equal.
Tort- Wrongful acts committed by somebody against somebody else, including trespass, nuisance etc.
Delegated Legislation- Laws made by authorities who are given power to make certain laws by parliament e.g. local councils- bylaws and regulations.
Ratio Decidendi- The reason for the decision. The reason why the judge made a particular decision.
Obiter Dicta- That part of the judgement that is not followed in the precedent.
Precedent- A judgement made in the past which judges in the future must follow in similar cases.
Conciliation- the method of working out arguments
Mediation- is about bringing peace to two disagreeing parties
Rule of law- law applies to everyone. No one is “outside” the law.
Bicameral system- 2 houses of parliament (senate and house of reps)
Brown v Smith = civil case
R v Smith = Criminal case
The upper house= the legislative counsel
The lower house= the legislative assembly The NSW houses of parliament
Sources of Law-
Statute law- laws made by parliament - Most laws in today’s society are made this way. - They are usually based upon road safety, drugs etc.
Common law- Made by a previous judge’s decision - Known as an act of precedent.
Criminal law- Law that involves a serious matter and declares a certain act as an offence. - Usually a punishment or a fine is handed out.
Civil law- Disputes between individuals and organisations e.g. contracts etc.
Public law- Law that affects the whole community - Law about disputes between the state and private individuals and law making processes.
Private law- law that deals with disputes between private citizens. E.g. property.
Legal Notes Yearly exams Year 11
International law- a system of rules and principles governing the conduct of nation-states. - Dealings with one another, their behaviour towards humanity, their conduct as it affects the planet etc. - Created by signing treaties or conventions, and by countries agreeing to be bound by certain rules.
Domestic law- Law that applies within the boarders of any one nation or state.
Customary law- Law that has arisen over time according to the customs or usual behaviour of the group the law governs. - Based upon unwritten rules, kinship ties, ritual traditions, sacred and secular laws. - there were sanctions for law breaking which included social ridicule, trial by ordeal, revenge or death.
The dreamtime is the basis of all ATSI law. The stories passed down from generation to generation to explain where the law came from.
Kinship rules affected marriage, food gathering, trade, education and personal relationships.
The court Hierarchy- High court Appeal Supreme court- Judge and jury Appeal
State Courts District court- Judge and jury Appeal Local court- Magistrate
Types of courts-
Local courts- courts designed to deal with matters considered by the law to be minor offences such as speeding offences, offensive language. They usually deal with cases dealing with up to $100000.
District courts- these courts have taken a large part of the load in criminal cases away from the Supreme Court. Today in cases of a criminal nature, the district courts hear a large percentage of the serious cases except for the most serious ones. They usually deal with cases dealing with $100000- $500000.
Supreme courts- these are the most senior
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