Contemporary Legal Systems Quiz

Overview of Law and Governance

• Hurricane Katrina triggered a temporary state of anarchy in parts of New Orleans in 2005.
• Tyranny involves governance by a single leader with absolute power, exemplified by Saddam Hussein’s regime in Iraq pre-2003.

Sources of Contemporary Australian Law

• Australia adopted a common law system upon British colonization, where laws are shaped by court decisions.
• Common law contrasts with laws imposed by parliament, with statutory law taking precedence over common law.
• Equity addresses injustices in common law, providing remedies through fair principles.

Common Law Principles

• Precedent establishes authority for future legal decisions to ensure consistency among judges.
• Stare decisis requires lower courts to follow the decisions made by higher courts.
• Ratio decidendi is the legal principle derived from a judgment, while obiter dicta include non-essential remarks.

Judicial Roles and Court Systems

• Magistrates and judges have distinct roles; magistrates handle minor cases in lower courts without juries.
• The adversarial system lets two parties control the presentation of their cases, with judges serving neutrally.
• In contrast, the inquisitorial system grants judges greater control over how a trial is conducted.

Court Hierarchy and Jurisdiction

• Australia has a structured court hierarchy: inferior, intermediate, and superior courts.
• Courts like the Land and Environment Court and the Children’s Court address specialized cases, such as environmental laws and children's welfare.
• The Supreme Court is the top court, dealing with serious criminal matters and having no limits on monetary jurisdiction.

Legislative Framework

• Statute law is legislated in parliament; both state and federal governments have law-making rights.
• Parliament’s roles involve debating, amending, and passing laws through a bicameral or unicameral system.
• The legislative process for a bill must pass through multiple stages before becoming law.

The Constitution and High Court

• The Australian Constitution defines the structure and powers of the legislative, executive, and judicial branches.
• The High Court has original and appellate jurisdiction, interpreting constitutional laws and ensuring government actions abide by the Constitution.

Indigenous and Customary Laws

• Indigenous Australian laws are not formally recognized but influence national law through practices like mediation.
• Approximately 500 Aboriginal nations exist, each with their own customs tied to the land and spiritual beliefs.
• Customary laws are often passed orally and include sanctions imposed by community elders.

Classification of Law

• Public law regulates the relationship between individuals and the state, including criminal and administrative laws.
• Criminal law protects public safety by punishing wrongdoings, with ongoing updates made to the Crimes Act 1900 (NSW).
• Administrative law enables individuals to challenge government decisions through specific review processes, including internal and external reviews.

Private Law and Common Legal Terms

• Private law manages disputes between individuals and organizations, governed by statutes and common law.
• Key legal concepts include civil action for rights infringement, damages for losses, and injunctions to prevent actions.
• Contract law governs legally binding agreements, while tort law addresses civil wrongs that do not arise from prior legal relationships.

Civil and Criminal Procedure

• In criminal cases, the prosecution bears the burden of proof, requiring evidence beyond a reasonable doubt.
• Civil cases operate under the balance of probabilities, where the plaintiff must show the likelihood of their claims.

Roles of Legal Personnel

• Judges serve in intermediate and superior courts, adjudicating cases and issuing rulings.
• Magistrates manage minor cases and administrative matters in lower courts.
• Solicitors handle non-litigious legal advice, while barristers represent clients in court, specializing in specific legal areas.