Legal Mechanisms and Precedent

Judicial Authority and Dispute Resolution

• Local courts lack appellate jurisdiction, dealing primarily with lower-level cases.
• Precedent is crucial as it ensures consistency and fairness in legal proceedings.
• Legal mechanisms for dispute resolution include arbitration, which is an enforceable method.
• The rule of law asserts that no one is above the law, promoting accountability.
• Procedural fairness requires decision-makers to be unbiased during judicial processes.

Court Roles and Participants

• A person bringing civil matters before a court is known as the plaintiff.
• Judges in an adversarial trial system primarily rule on objections and maintain courtroom decorum.
• State sovereignty creates barriers in international law enforcement, as nations govern independently.

International Law and Treaties

• The International Court of Justice operates under the United Nations framework, addressing state disputes.
• The International Covenant on Civil and Political Rights exemplifies a treaty focused on civil liberties.

Customary Law and Amending the Constitution

• Aboriginal and Torres Strait Islander customary law emphasizes family and kinship ties.
• Constitutional amendments in Australia necessitate a referendum for validity.

Legal Framework and Hierarchies

• Alternative dispute resolution in Australia includes methods like arbitration and mediation, avoiding traditional litigation.
• Native title was first recognized in the seminal case Mabo v Queensland in 1992.
• The legal hierarchy in Australia progresses from Local courts to the High Court, with the Supreme Court as an apex entity.

Law Principles and Rights

• Division of powers prevents NSW from overriding Commonwealth law, demonstrating federal governance principles.
• The Convention on the Rights of the Child (CROC) influences Australian law, as domestic laws align with international standards.

Law Categories and Characteristics of Justice

• Private law encompasses contract and tort laws, governing personal disputes.
• Justice necessitates equality and access, ensuring fair treatment under the law.

Governance Structure

• When all government decisions are made by a single individual, it exemplifies tyranny, contrasting with democratic principles.
• Alternative dispute resolution is a practical approach for conflict resolution outside of court systems.

Legal Reform and Public Law

• Factors prompting law reform include evolving social values, technological changes, and international agreements.
• Federal courts predominantly address matters of Commonwealth law, ensuring uniformity across Australian jurisdictions.
• Public laws, such as criminal and constitutional laws, apply universally to all individuals within a jurisdiction.