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BTF1010 Week 1 Lecture Notes - Coggle Diagram
BTF1010 Week 1 Lecture Notes
1) Nature and Concept of Law
Law - Rules made by parliaments/courts
Who makes our laws?
Parliament (statutory law)
Legislation
Courts (common law)
Role of Law
Provide rules, reflect community value, promote stability, promote justice, regulate function
Rule of law = no one is above the law
2) Australian Constitutional System
Exclusive Powers
Cth parliaments can only make laws
Concurrent Powers
Cth and State can make laws
Residual Powers
State parliaments can only make laws
Seperation of Powers
1) Legislative
2) Executive
3) Judicial
3) Sources of Law
2 Branches of Law
Criminal Law = Punishment for wrongdoing
Civil Law = Remedy when things go wrong
Interpreting Legislation
Intrinsic Materials
Extrinsic Materials
4) Judge-Made Law
Common Law
5) Doctrine of Precedent and Court Hierarchy
Doctrine of Precedent = Lower courts follow higher courts
Ratio vs Obiter
Ratio = Reasons for decision
Obiter = Views, comments, observations
6) Classical Relations of Law