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LAW (IRAC) (Judicial Heirarchy (Decision by judges should be consistent,…
LAW (IRAC)
Judicial Heirarchy
State District/County Courts - Important matters, formal , judges, serious crimes except murder/treason/piracy. Civil matters up to 750k, all motor accidents.
State Local / Magistrates - Moderate importance , moderate formality, assessors and magistrates, less serious crimes and civil cases up to 100,000
State Supreme: High important issues, formality, Judges, Serious crimes, unlimited civil jurisdiction.
State Tribunals: matters of Low importance, low formality, expert panel members, Tribunal , Residential , Tenancies.
1 - High Court - Hears matters of high importance, Formalities, Judges, Unlimited jurisdiction, appeals against decisions of state supreme courts.
You can appeal the decisions of lower courts to higher courts, appeals move from below upwards.
Decision by judges should be consistent, Decisions from higher courts are binding on lower courts. Decisions of lower court may be persuasive. Precedent moves from above downwards. If Precedent is a past experience A past case in which to call experience from. Set the 'precedent'
In common law legal systems, a precedent or authority is a legal case that establishes a principle or rule.
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Law is not static
Our legal system needs to be able to respond to changing values and objectives - WE do this by enacting new laws, amending the current laws and Repealing old laws
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Separation of power
Our legal system is a framework for the creation of Law. The admin of law, and the adjudication of legal disputes. We separate these three arms and give them to three seperate arms of government. The are
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Legislature - Will enact the law - you can lodge a submission or lobby members of parliament to change te proposed new law.
How does Federation work? The Australian constitution provides a list of powers for the federal parliament. Some of these powers are exclusive to federal parliament such as defense, While most are held concurrently with state parliaments. Any residual powers not referred to in the constitution remain with the state parliaments. Where there is an inconsistency - the federal law prevails.
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