Sources of contemporary Australian law- common law

Question 1

what is a judge-made law?

Answer 1

laws made of the result as a specific case precedent.

Question 2

what is a judge

Answer 2

the person who decides on the case and makes a decision about the law in the case

Question 3

define common law

Answer 3

Collection of legal principles and rules, that are derived from decisions judges make in court aka judge made law

Question 4

what are statute laws?

Answer 4

Laws made by parliament also known as (legislative)

Question 5

RELATIONSHIP BETWEEN COMMON LAW AND STATUTE LAWS

Answer 5

1. Judges are required to obey statute law when making decisions.
2. If there is no relevant statute law a judge will turn to common principles

Question 6

what is a precedent?

Answer 6

1. A judgment that guides deciding later cases that have similar cases
2. Judges are obligated to apply the reasoning of judges in past cases when deciding cases that raise similar cases

Question 7

what is equity

Answer 7

• The body of law that supplements the common law and corrects injustices by applying principles of fairness.
• For example, the court may order someone to do what they promised but then failed to do.

Question 8

ADVERSAL SYSTEM

Answer 8

• Two sides
• Questioning by each side of the witness
• Decision Is made off evidence of both sides.
• A judge-controlled courtroom and decides matter of law
• In every court room in Australia besides coroner’s court

Question 9

INQUISITORAL SYSTEM

Answer 9

In Europe and nsw
Has two sides
Only in coroners court in Australia
The judge can ask witnesses for more questions/ask for more evidence.

Question 10

what is court hierarchy?

Answer 10

→ Jurisdiction - the division of powers splits the powers of authority between state and federal to control a court and decide a case

4 types of jurisdiction:
● Original = hears and finalises a case in court
● Appellate = reviews cases from lower courts
● Criminas = hearing criminsl cases
● Civil = hearing civil cases

Question 11

list all the state courts

Answer 11

1. state lower court
   -Local court of NSW
   - Coroners Court of NSW
   - Children’s Court of NSW
2. state intermediate courts
   -District Court of NSW
3. state and territory superior courts
   - Land and Environment Court of NSW.
   - NSW supreme court
   - Court of criminal appeal and court of appeal

Question 12

what does the local court deal with

Answer 12

• minor criminal and summary offences
• civil matters with a monetary value of up to $100 000
• committal hearings
• a limited range of family law matters (e.g. property settlements and residence orders for children); for these matters, the Local Court has federal jurisdiction and is essentially part of the Federal Court hierarchy.

Question 13

what does the coroner’s court deal with

Answer 13

 unexplained or suspicious deaths (or suspected deaths), fires and explosions are properly investigated.

Question 14

what does the Children’s Court of NSW deal with

Answer 14

• Deals with civil matters concerning the protection and care of children and young people.
• criminal cases involving persons under the age of 18 at the time of the offence, or

Question 15

what does District Court of NSW deal with

Answer 15

-manslaughter, malicious wounding

-dangerous driving
-assaults

-sexual assaults

-offences relating to property, including.

-robbery, breaking and entering, larceny and

-embezzlement

-importing, supplying or possessing
-prohibited drugs.

-offences involving fraud, including forgery,

-obtaining money by deception and passing valueless cheques.

Question 16

what does the Land and Environment Court of NSW deal with

Question 17

what does the NSW Supreme Court deal with

Question 18

what does the Court of Criminal Appeal and Court of Appeal deal with