Syllabus Summay - or the start of one. Please contribute.
LEGAL STUDIES REVISION
Topic 1: Law and Justice
The Essential Influences on the Law
Rule of Law:- the law must apply equally to all members of society
NO ONE IS ABOVE THE LAW
People must be made aware of what is lawful and unlawful
Social
Cultural
Moral
Political
Economic
Nature of Law
Development of Law as a Reflection of Past and Present Society
THE DOCTRINE OF PRECEDENT
Innocent until Proven Guilty
Standards of Proof – Balance of Probabilities (Civil) & Beyond Reasonable Doubt (Criminal)
Australia’s development of a Federal system of courts and governments > variety in State, Federal and local laws.
Multicultural society
• More Accepting view of homosexual and same sex relationships
• Tolerance
• Vast range of religions and spiritual practices
English Law came to Australia with the arrival of the First Fleet as well as colonization. Developed the Doctrine of Reception: - distinguished between colonies that have been gained by conquest (war) or agreement (treaty) and colonies that had been claimed by finding and that were also ‘uncultivated’: This doctrine gave extensive law making and enforcing power to the King / Queen.
If, on the other hand, the English created a colony in an uncultivated land, the doctrine of reception indicated that English laws applied automatically to colonists and others who were in that land.
Customary law, Common Law and Civil law Systems
Customary law is a law which has developed over a long period of time resultant of customs of a group.
Aboriginal and Torres Strait Islander customary law – based on tradition, ritual and The Dreaming.
English customary law – led to the development of customary law
International customary law
Common law – law made by parliaments
Civil law – laws relating to disputes, comes from the decisions of courts, traditionally made by the courts
Doctrine of Natural Justice
All people are entitled to be heard and all people are entitled to receive a fair hearing with a non – biased judge.
The Purpose of Different Types of Law
Domestic and International Law: - designed to control the behaviours and relationships between the citizens of the nation – states.
International law: - law system which governs relationships between countries or nation – states. The purpose of this law is to enable nation – states to maintain peaceful and productive relationships and to enable citizens of different nation – states to conduct business and personal affairs with each other.
Public Law: – deal with disputes between the state and the citizen and with the law – making powers of governments.
Private Law: - decide personal disputes fairly and peacefully.
Contract Law – deal with agreements made between people
Torts: deal with the behaviour of people who ignore other people or their property; wrongful act against someone
Property Law: deal with the ownership – deals with relationships between owners, tenants, lesses, buyers and sellers
Civil law deals with disputes between private individuals or institutions
Criminal law deals with acts or omissions committed against the whole community for which punishments are determined by the State.