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Judicial system in australia and more
Judicial system in australia and more
Court structure in australia
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The Australian legal system is the foundation of our society. They are many sections that are part of the legal system. A main part of the Australian legal system is the Australian court system, the court system is hierarchical. the court systems are split into two sections federal and state and territory. the highest court in the federal system is the high court of Australia, the federal court of Australia and family court of Australia is on the same level. in the state system the highest court is the superior court, then the intermediate court and the corners court, lower court and children's court are on the same level. the names in the state and territory courts vary depending on the state. in the passing and making of bills the Australian …show more content…
Common law is law as declared by judges, The common law creates specific criminal offences, contains rules of evidence and practice and procedure, and sets out the rights and privileges of citizens. An example of this is the Fuller v R (1994) 34 NSWLR 233 case. Statutory Law can override Common Law. Where an Act of Parliament is passed that contradicts Common Law, the Common Law will no longer be valid and the courts must follow the Act. Judges may not rule against Statutory Law to develop new precedents either; however they do have the power to interpret Statutory Law, and these interpretations may become precedents.
When it comes to law there are professional people such as police officers. Many laws are enforced by the police. The police services of each State are given the job of upholding the laws made by the government, primarily those laws to do with the day-to-day operation of society and the protection of safety and freedom for people in society. Police deal with a wide variety of breaches of the law, from noise disputes to drink-driving to
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The Australian Federal Police (AFP) is the federal or Commonwealth police force of Australia. It was established in 1979 and is dedicated to the enforcing of Commonwealth criminal law in order to protect Commonwealth and national interests from crime in Australia and overseas. The AFP is also involved in investigating crimes which cross state borders and acts as a community police force in the ACT and other external
The roots of Australian laws are similar to traditional Aboriginal laws, dating back to before the Norman Conquest in 1066, where each separate village had their own laws developed to their own customs. This changed however, after a centralized legal system was established after 1066. A common law was formed, that applied to all of England. This was later combined with equity law and mercantile law, which is the basis of Australian law today, known as ‘statute law’.
Legal system is a comprehensive term that is used to confirm the existence of the law; it also explains the law-making process and how this is enforced on everyone. The Australian legal system regulates all level of governments, organisations, and all people whether they are Australian born or have migrated here, and they must obey Australia’s regulations. The legal system here was developed from the United Kingdom’s legal system, as Australia was a colony of the British. At a glance, the British government granted restricted rights to their colonies, including Australia to set local government system. This was intended to developed laws in local area, also to deal with specific situation at that time. As a result, the legal system in each of the colonies started to develop separately. According to Carvan J (2010) the Australian law is adopted from several sources, including the rules of equity, parliamentary laws, delegated legislations, judge-made laws, and international laws. (Austrlian Legal System, 2007)
The police are just one agency within the Criminal Justice System All of the agencies within the Criminal Justice System work together. Another agency in the Criminal Justice System is The Ministry of Justice, of whom are responsible for other parts of the justice system such as the courts, prisons and probation services. For example, the police are responsible for keeping the peace and for the investigation of crime, they also collect evidence and arrest suspected offenders. In case of an emergency, the public is able to call ‘999’ and ask for the police to be sent out. Once at the scene the police then makes a decision, if the case is minor, then the police decide whether to caution them, or take no further action. They can also issue a fixed penalty notice, or they can refer to the Crown Prosecution Service for a conditional caution. If it is a more serious case, they send the papers to the Crown Prosecution Service for them to decide on the prosecution. Once sent to the Crown Prosecution Service it is ...
In theory all jury systems (which have existed for almost 800 years) are fair and just.
Facts: Two residents of Virginia, Mildred Jeter a colored woman and Richard Loving a white man, got married in the District of Columbia. The Loving's returned to Virginia and established their marriage. The Caroline court issued an indictment charging the Loving's with violating Virginia's ban on interracial marriages. The state decides, who can and cannot get married. The Loving's were convicted of violating 20-55 of Virginia's code.
The merits of both the adversarial and inquisitorial system will be explored throughout this paper. The Australian rule of law best describes as all law should be applied equally and fairly. The five vital operations of the rule of law includes fairness, rationality, predictability, consistency, and impartially. The adversarial system adopts these operations by having a jury decide on the verdict and the judge being an impartial decision maker. In contrast, the inquisitorial system relies heavily on the judge. This can result in abusive power and bias of the judge when hearing evidence and delivering verdicts. The operations of the rule of law determine why the rule of law is best served by the adversarial system in Australia.
There are four sources of Law in the Australian Legal System. They are Statute Law, which is made in Parliament, Common Law and the Law of E...
In common law, judges would travel the colony, hearing trials and making decisions. An example of case law is when all the lower courts decide that the ban on gay marriage is unconstitutional and the Supreme Court agreed. It became case law that the ban on gay marriage is unconstitutional. The implications of case law is that it is based on precedent. Statutory law is the term that is used to define written laws (Statutory Law). Some common, case and constitutional laws can be seen as statutory laws when it is codified. Statutory law is typically enacted by a legislative body (Introduction). Statutes are laws that are recorded or codified. The federal and state government can create statutory laws. These laws can be for public and private issues. An example of statutory law would be a bill passed by congress and signed by the President of the United States. Laws that are statutory are organized by subject, indexed and published in the United States Codes. The implications of statutory law is that it is all laws in a codified manner. Statutory law also is not open for interpretation. All three are the origin for all laws created in the United States. Without one of these the whole legal system would be off. The legal system needs all three for everything to
Moreover, the police officer can work in the statutory community justice sector, which is controlled and financed by the government. This sector is generally maintained by people who pay taxes and national insurance as well as it has been set up by acts of parliament and are funded by public money.
The purpose of laws in the society is to protect the public and organisations as it allows to distinction in what is right and wrong, it also gives the authority to take actions against wrongness. According to Soanes and Stevenson (2006) law is a rule or system recognised by a country or community as regulating the actions of its member and enforced by the imposing of penalties. Howlettt (2010) stated that there are two types of laws: Criminal law which is concerned with offences against society at large crimes persecuted by the states, and these cases, if of non serious nature, are heard in magistrate court but if of serious nature, they will be heard in the crown courts and tried by jury. Civil law in the other hand is concerned with disputes between private parties, for example consumers and supplies, injured party, issue damage or injunction, and these cases are heard in county court.
Common law is the order of jurisprudence that is expressed as the doctrine of judicial precedent, the law under which the lower courts necessarily obey the decisions of the higher courts, instead of statutory laws. The decision or judgement of a judge may fall into two parts: the ratio decidendi (reason for the decision) and obiter dictum (something said by the way).
Law enforcement police-men's general ob duties usually consist of enforcing law and order, protecting civilians, properties, and
Police accountability generally refers to holding the police officers and other law enforcement agencies responsible for efficiently delivering basic services of crime control and maintenance of law and order, while at the same time treating all citizens fairly within the bounds of law. The police are mandated to uphold high standard of professionalism when carrying out their duties and operate within the laid down procedures and laws. There is high expectation by the police to uphold laws regarding due process, search and seizure, arrests, discrimination and other forms of harassments which the police are expected to adhere to. Police misconduct affects law enforcement
A major impediment of the common is the tendency to lead to perpetuity of bad decisions once a precedent has been set. If there is no amendment and the same ruling is applied, that bad decision will be subsist and will be perpetuated. Since the common law system revolves around following antecedents, it usually takes a long while for change to occur. Unfortunately, before this change is effected, the bad decision will be upheld as long as the change does not come into effect. This is one area where the codified system of law has an advantage as it is rules based approach to law making designed to provide a comprehensive code of laws for the area in question.
The police of Queensland, playing an active part of realizing government policy than on the strict law execution sense have not generally seen their role. Also their involvement ...