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Unformatted text preview: LAW101 Law, Business & Society
Introduction to the Australian Legal System Pt 3 The Courts
The role of the police
Police enforce the laws created The role of the courts
The courts are involved in the administration of the law as well as the resolution of disputes. The Courts
Judgemade law - PRECEDENT Judge The doctrine of precedent relies on the court hierarchy within that jurisdiction. Judges of lower courts are bound by decision of judges in higher courts. Remember: not bound by the DECISIONS (outcomes) bound by the REASONS = ratio The Courts
Features of the court hierarchy:
It provides a system of appeals from decisions of lower courts to higher courts It allows for different forms of hearing according to the gravity of the case It is instrumental in building up precedent The Courts The Courts
Original jurisdiction is the authority to hear a case when the case is first brought before a court. Appellate jurisdiction is the authority of a court to hear appeals from decisions of courts of a lower level in the same court hierarchy. 1 The Courts
Federal & State Court Systems The Courts
New South Wales Legal System
District Court Civil jurisdiction $750,000 Criminal jurisdiction indictable offences = judge + jury Appeals from the Local Court New South Wales Legal System
Local Court Civil jurisdiction up to $60,000 Criminal jurisdiction - summary offences
- committal hearings The Courts
Supreme Court (NSW)
The Supreme Court has two levels:
1. Original jurisdiction The Courts
There are a number of other courts, set up with specialist expertise, in the various states and territories. These include:
Family Violence Court Family Matters Court Common Law division Equity division
2. Appellate jurisdiction Court of Appeal Court of Criminal Appeal Hear appeals from District Court and Single Judge Supreme Court decisions Drug Courts Compensation and Work Health Courts Land and Environment Courts The Federal Court System
Several specialised Commonwealth Courts have been created by legislation
1. Family Court of Australia
Two levels - judge sitting alone, and the Full Court (3 judges or 5) The Court System
The Courts are increasingly turning to e-technology for egreater efficiency and cost reduction. E-technology provides lawyers and the public with timely and cost-effective access to Courts, as well as reducing costlitigation costs. eg. Federal Court of Australia eg.
eSearch, eFiling, eCourt Forum eSearch, eFiling, Trialed a complete electronic trial National video-conferencing system videothe first of its kind in the world reducing the cost & time of witnesses giving evidence 2. Federal Court of Australia
3. Federal Magistrates Court 2 The High Court
Highest court in Australian hierarchy
Jurisdiction falls into 3 main areas: 1. Original jurisdiction for Constitutional matters 2. Highest court of appeal in the federal court system 3. Highest court of appeal in each of the State court system The High Court
Highest court in Australian hierarchy
Appeals do not lie `as of right'. right' Approval to hear an appeal must first be granted by the High Court. The High Court is the final court of appeal within the Australian legal system. Alternative Methods to Court
Alternative methods of dispute settlement have grown in the last few years because of the delays, costs, ignorance and intimidation of the traditional court system. These include Tribunals Ombudsmen Alternative dispute resolution Alternative Methods to Court Alternative Methods to Court
Common ADR options Negotiation Mediation Conciliation Expert determination Arbitration Alternative Methods to Court
Considerations in choosing:
Costs Speed Formality / informality Participation Control Procedural safeguards/Protections Private v public 3 Alternative Methods to Courts
Court proceedings are: Expensive Time consuming Intimidating
To increase access to justice Parliament has established various Tribunals and Commissions to provide a faster and cheaper means of resolving disputes. Eg... Eg... Alternative Methods to Court
"Agent or representative of the people" people" They investigate complaints about administrative actions and governmental decision-making. decisionExamples:
Commonwealth Ombudsman Telecommunications Industry Ombudsman Banking & Financial Services Ombudsman The adversary system
Two opposing sides who argue their case in a court presided over by a neutral third party (eg. Judge). eg. One side will "win"; one side will "lose". win" lose" In a civil case parties prove their case. `on the balance of probabilities'. probabilities' In a criminal case the Crown proves the case `beyond reasonable doubt'. doubt' Participants Appeals
The primary function of an appeal is to determine whether the TRIAL JUDGE applied the law correctly. For many appeals you must show there is an ERROR OF LAW not just that you disagree with the judge's decision judge' High Court you seek Leave to Appeal Participants 4 Participants
"Lawyers" Lawyers" "Lawyers" Lawyers"
Solicitors Barristers Legal practitioners Can be a self-represented litigant self- Participants
Most of their work is of a non-litigious nature nonsuch as conveyancing, preparation of wills, conveyancing, commercial, family law matters, preparation of court documents. Barristers
Generally do not deal directly with the public, though in most states they now can. Their main roles are preparation of legal opinions, and court appearances. Participants
"The Judiciary" Judiciary"
Justice J Justice ... eg, Jones J JJ Justices ... eg, Smith and Brown JJ JA Justice of Appeal ... eg, Ipp JA Participants
"The Judiciary" Judiciary"
Magistrates Trained, full-time salaried public servants fullselected from among the clerks of the court and the legal profession. They preside over inferior courts and are the sole determiners of both fact and law. Duties include: deciding questions of fact and law; ensuring rules of evidence are followed; passing sentence in criminal cases or determining appropriate compensation in civil cases; and hearing appeals Participants
"The Jury" Jury"
Determine questions of fact Sworn under oath Business Law
Business law In criminal trials: trials:
All accused are entitled to a jury of 12 in all cases in intermediate and superior courts where the accused pleads `not guilty' to an indictable offence. guilty' A body of rules that are concerned with the rights and obligations of all legally recognised persons involved in business and commercial dealings In civil cases: cases:
Because of cost, they are not used as much as they once were. 5 Purpose of Business law Business law
Commercial relationships involve legal rights and responsibilities that vary according to the relationship involved.
Torts and similar statutory obligations Contracts Rights and obligations dependent upon the relationship or type of business structure
Agency Partnerships Companies Trusts Providing some certainty for those entering business transactions Allowing efficient use of resources Facilitating business planning Assisting with risk minimisation Business law
Understanding legal rights and obligations in commerce helps decrease uncertainty and reduces risks in business. Business law
The Balance of Law - Legal decisions v Business decisions Can we afford the cost of making this product safe? Can we afford to admit negligence even though we know that we did the wrong thing? Problem Solving Approach
What stories have you heard about in the news lately relevant to business law? Issue establish the facts Law - what is the relevant law Apply to the facts use the law to support your arguments LEGISLATION; CASES (precedent) Conclusion TEXT 6 Library workshops
NB. Seminars this week are held in the Building 17 or Library computer labs. check the Subject Outline Essay Workshops will focus on
Referencing The End 7 ...
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This note was uploaded on 06/16/2010 for the course LAW 121 taught by Professor Aresa during the Spring '08 term at Uni. West.
- Spring '08