Legal Studies: 2019
Legal Studies: 2019
Preliminary HSC Notes - LegalStudies 2019Basic legal concepts meaning of law customs, rules and law values and ethics characteristics of just laws nature of justice:– equality– fairness– access procedural fairness (principles of natural justice) rule of law anarchy tyrannydefine law: a system of rules that are created and enforced through social or governmentalinstitutions to regulate behavior of societydistinguish between customs, rules, laws, values and ethics:Law: a set of rules imposed on all members of a community, which are officially recognisedby the community.Rules: r egulations that society should abide by, they can still be punishable if broken but notas severe as breaking a law.Customs: established patterns of behaviour among people in a society or group.Relationship between rules, customs and laws practice response:Whenever people have lived together in groups, they have developed rules to govern theirbehaviour and thus maintain the smooth running of activities. These rules were based on thetraditions, customs and values of the group. These rules have penalties attached if membersof the group fail to follow them. Groups usually put someone, or a small group, in charge toenforce these rules and the associated penalties this has then formed into laws. In moderntimes, this became the government.Natalie Russell1
Preliminary HSC Notes - LegalStudies 2019Values: Important and lasting beliefs or ideals shared by the members of a culture aboutwhat is good or bad and desirable or undesirableEthics: m oral principles that govern a person's behaviour or the conducting of an activity.Laws-Obeyed by all citizens of societyMade by law-making bodyEnforced through courtsBreach results in jail time, fines etcRules-To be obeyed by specific group insocietyMade by individual groupsEnforced by leaders of groupConsequences of breach is at thediscretion of the group leaderIs there a difference between laws and rules?The difference between laws and rules is vast, rules are regulations set by a certain groupleader for a group of society to follow, if these rules are broken you can still be punished butnot as harshly as breaking a law. For instance a rule is something such as a schoolimplementing a dress code for the school. The group of society, who are students mustabide by this rule if the rule is broken students are likely to be asked to change or receive awarning; this rule is set to ensure the school society are equal and the same. On thecontrary a law is implemented and created by a lawmaking body such as parliament orjudges (statute law and common law). These laws are regulated by authorities like the policeand are officially recognised by society, an example of a law is to not discriminate againstothers in the workplace or school because of ethnicity or disabilities, this comes under theAnti-Discrimination Act 1977 (NSW). This law is set in place to ensure no body isdiscriminated against based on their appearance or cultural background, this means that aschool principal can not discriminate against a child with a disability and must let them enrol.Students learn to: Describe the characteristics of just laws and the nature ofjustice -Just laws: just laws should be based on the notion of equality, these laws must beenforceable i.e. the police can enforce them, the laws must be acceptable to the majority ofcitizens, these laws must be discoverable meaning that members of the public need to haveNatalie Russell2
Preliminary HSC Notes - LegalStudies 2019access to these laws and they must not be retrospective which means it can not take effect,in point of time, before it was passed by higher authority.-Must be known to societyHow it affects societyUtilitarian (useful)Your background should not dictateLegal aidInformation availableCan not bring in a law but back date itNature of Justice: the nature of justice refers to the access, equality and fairness ofjustice.Access:- Laws must be known information- Legal aid - not matter finance. E.g. state lawyer- Everyone is covered by the law no one is above the law- Understand your rights and obligationFairness:- It is expected that all laws are fair to ALL citizens- Same opportunity for everyoneEquality:- Strives for equality- Takes into consideration dis/advantage- Vulnerability- E.g. racial discrimation act- E.g. (R v LMW) 1999 capability of the 10 year oldThe role of the legal system is to ensure that everyone has access to the law and that thelaw provides equality, fairness and justice to all members of societyThese concepts identify just & unjust laws.Fairness justice for allJustice relates more to the lawWhat is legal aid?:Natalie Russell3
Preliminary HSC Notes - LegalStudies 2019-Legal aid is the assistance in legal advice, services such as lawyersRemedies to improve legal aid:- More resources- Information on your rights- Better funding for state representative lawyersPractice Question: Why is access to the law important?- There are many important factors to the access of law but the main importance is sothat society can know their rights and obligations and can access legal aid even ifthey don’t have the financial funds to do this. If society didn’t know their rights andobligation then society is more likely not to receive legal aid if needed.Students learn to: Define and investigate procedural fairness andthe rule of lawProcedural fairness: The body of principles used to ensure fairness and justice of thedecision-making procedures of courts; in Australia, it generally refers to the right to knowthe case against you and to present your case, the right to freedom from bias bydecision-makers and the right to a decision based on relevant evidence.Practice Question - Why do people obey the law?people within a society like to have rules and laws because they create order. Laws helpeach person to feel a sense of security - the law is clear about what is expected of themas citizens and what they can expect from others. As the law is based on customs, italso helps to reinforce the values of most members of society. In principle, the lawembodies the concept that what each individual believes is important has the sameimportance to the larger group . Laws also function to protect all members of society .They tell society what actions are allowed and those that are not permitted. Laws applysanctions to those found guilty of a crime and may act as a deterrent to those whomight otherwise commit a crime. Laws enable people to resolve disputes, as theyempower the police force and the courts to enforce and administer the law.Natalie Russell4
Preliminary HSC Notes - LegalStudies 2019Rule of law:--no one is above the law, including those who make the law. This means that thegroups and individuals who are involved in the legal system - such as legislatorsand judges who make, administer and interpret the laws; the police who enforcethe law; and the lawyers who represent and advise people on the law - are allanswerable to the same laws as every other citizen.The rule of law means that everyone is subject to the same laws.Students learn to: define anarchy and tyranny:Anarchy: t he absence of laws and governmentTyranny: rule by a single leader holding absolute power in a state Sourcesof contemporary Australian law common lawBritish origins, including:development of common lawequity, precedentNatalie Russell5
Preliminary HSC Notes - LegalStudies 2019- adversarial system of trial court hierarchy:- jurisdiction of state and federal courtsstatute law role and structure of parliament legislative process delegated legislationThe Constitution division of powers separation of powers role of the High CourtAboriginal and Torres Strait Islander Peoples’customary laws diverse nature of customary laws spiritual basis, significance of land and water family and kinship ritual and oral traditions mediation and sanctions relevance to contemporary Australian lawInternational law differences between domestic and international law state sovereignty sources, including:– international customary law– instruments (declarations and treaties)– legal decisions, writings role of:– United Nations– courts and tribunals– intergovernmental organisations– non-government organisations relevance to contemporary Australian law3. Classification of law public law– criminal law– administrative lawNatalie Russell6
Preliminary HSC Notes - LegalStudies 2019 – constitutional lawprivate law (civil law)– contract law– tort law– property lawcriminal and civil court procedures including legal personnelcommon and civil law systems4. Law reform conditions that give rise to law reform including: changing social values, newconcepts of justice, new technologyagencies of reform including law reform commissions, parliamentary committees, themedia, non-government organisationsmechanisms of reform including courts, parliaments, United Nations andintergovernmental organizations5. Law reform in actionNative Title- Terra nulliusthe roles of the High Court and federal parliamentmajor native title decisions- legislation outline the origin of common law- Legal processes and practices used in Australia today are based on the modeldeveloped in England. When the British came to Australia in 1788, they broughtwith them the law that applied in Britain, known as common law . ContemporaryAustralian law has evolved from both common law and statute law. Common lawrefers to laws created in court; that is, decisions made by judges. examine the hierarchy and jurisdiction of state and federal courtsLocal District Supreme Appeal Federal HighLocal Court:Natalie Russell7
Preliminary HSC Notes - LegalStudies 2019-Deals with minor criminal matters e.g. paying fines, disputes with neighbours. Minor civildisputes ( 5000-60,000).District Court:-Deals with serious criminal charges e.g. larceny, manslaughter, types of assault anddrug importation.Deals with civil cases up to 750,000 and has appellate jurisdiction.Supreme Court:-Has criminal jurisdiction of issues such as murder, attempted murder, kidnapping andconspiracy charges. Deals with appeals from lower courts and Cth prosecutions for breaches of corporation’slaw. Civil matters, no monetary jurisdiction, with hearing matters such as defamationand professional negligence.Federal Court:-Jurisdiction includes bankruptcy and industrial matters, summary criminal offences.deals with civil disputes dictated by federal law, excluding family matters.High Court:-The highest court in the judicial system in Australia that was established under section71 of the constitution.- It deals with appeals from federal, supreme and family court and interpretation ofconstitutional laws. outline the role and structure of parliament and the legislative processParliament is a body of elected representatives.-It debates proposed legislation, passes or rejects it and amends legislation.All states except for Queensland have a bicameral parliament which means they havetwo houses.-The Senate is the upper house and the House of Reps. is the lower house.Ministers are those who have special responsibilities in each department and areelected by the prime minister who is the leader of the government.Natalie Russell8
Preliminary HSC Notes - LegalStudies 2019Cabinet: Made up of ministers who make decisions on policies and laws to be drafted forconsideration by parliament.Executive Council: Governor/Governor-general, as well as selected ministers, make upthis body. They enable legislation to be put into operation.Legislative Process1)2)3)4)5)-Bill is introduced into parliament - by minister or via a private members bill)First reading (read aloud in parliament)Second reading (read again -- more detailCommittee stage: parliament can debate billThird reading vote- If voted no: amendments or bill is thrown out- If voted yes: goes to senate steps 1-5 repeatedIf bill is passed it needs the Governor-General's assent bill is made publicDescribe the function of delegated legislationDelegated Legislation: It is legislation made by non-parliamentary bodies that deal with lawsconsidered to be of lesser importance.Function: is it allows the Government to amend a law without having to wait for a new Act ofParliament to be passed. Further, delegated legislation can be used to make technical changesto the law, such as altering sanctions under a given statute.Students learn to: Explain the difference between division and separation ofpowersDivision of Powers:Natalie Russell9
Preliminary HSC Notes - LegalStudies 2019The split of powers into federal and state governments--Section 51 of the constitution outlines the legislative powers of the federalgovernment including things such as marriage, military matters and externalaffairs.Section 52, however, sets out the exclusive powers of the federal government.Residual powers: anything that is left over/ not explicitly stated in the constitution - suchas education and transports are the powers of the state. Any powers shared by thefederal and state governments such as banking and insurance are known as concurrentpowers.Concurrent: powers of a federal system of government shared by both the federal governmentand stateSeparation of Powers:Divvying up law-making power between the three pillars of governmentLegislature -parliament: people who make the law i.e. legislationMade up of elected representativesJudiciary -Federal courts: primarily high courtInterpret the law and ensure all laws made are in line with constitutionKeep a check on the power of legislature - and strike down lawsExecutive -Top of parliament - made up of cabinet (MPs Ministers) public departmentsResponsible for delegated legislationNatalie Russell10
Preliminary HSC Notes - LegalStudies 2019Explain the difference between division and separation of powers-The division of powers is the split of powers into federal and state governments; section51 and 52 of the constitutions outline the powers in which the federal government candeal with whilst anything left over and not explicitly stated are called residual powers aregiven to state/territory governments. These powers deal with powers such as transportand education whilst the separation of powers are the power divided into threegovernmental pillars; legislature, judiciary and executive. Legislature) is made up of theQueen (represented by the Governor-General), the Senate and the House ofRepresentatives makes and amends the law. Judiciary is made up of the High Court andother federal courts and makes judgements about the law and lastly the Executive, TheExecutive is made up of the Queen (represented by the Governor-General), PrimeMinister and ministers they put the law into action.Students learn to:examine the role of the High Court in the interpretation of theconstitutionThe interpretations of the constitution dictate what areas the Commonwealth canlegislate on and what areas belong to the states. In addition, the high court outlines howeach section of the government can exercise its powers and places limits on suchpowers. Initially the High Court would put forth decisions that would favour the states.But over time a broader approach has led to a shift in the legislative balance betweenthe states and the Commonwealth.Natalie Russell11
Preliminary HSC Notes - LegalStudies 2019Aboriginal and Torres Strait Islander Peoples’ customary laws examine the characteristics of Aboriginal and Torres Strait Islander Peoples’ customarylawsSpiritual basis for the law significance of land and water·Mediation and Sanctions·Family and Kinship·Rituals and Oral Traditions of the Law-Aboriginal and Torres Strait Islander customary law is quite difficult to define due to itsdiverse and exclusive nature.Each nation has their own set of laws that are in relation to their specific way of life.There are common aspects but aren’t necessarily the same.Cambridge describes it as ‘Principles and procedures that have developed throughgeneral usage according to the customs of a people or nation or groups of nations.’Common consequences for breaches include:·Sanctions and punishments: applied for murder and religious violation·Conciliation: elders of a tribes meet with those involved in conflict and create a suitableresolution through discussion·Mediation: for minor offences where all members of the conflict discuss and negotiate outline the extent to which Aboriginal and Torres Strait Islander Peoples’ customarylaws have been integrated into Australian lawAboriginal and Torres Strait Islander law has been integrated into Australian law through theacknowledgement of native title acts.Native title acts often sit above other laws so that it is always valid.Natalie Russell12
Preliminary HSC Notes - LegalStudies 2019international law-distinguish between domestic and international law and examine the impact of statesovereigntyDomestic-InternationalLaws within a country that applies tothose residing in countryLaws made by government orsovereign Laws include statutes and commonlaw- Appliestonationsand‘transnational jurisdictions’Laws include treaties and formalagreementsInternationalcustomarylawrelates to accepted normsDifferencesInternational LawDomestic Law (Australia)ApplicationTreaties apply only to those nations Applies to all within Australia’swho agree to be bound by them, but jurisdiction (territorial watersinternational customary law applies to and Australia’s territories)all nationsEnforcementInternational courts and tribunals exist,but they are complex and theirjurisdictioncan be limited bynation-statesCreationTreatiesaremadethrough Made by parliaments (statutenegotiationsbetweennations. law) or the rulings of judgesCustomary international laws develop (common law)over timeLaw enforcement agencies andinstitutions exist such as thepolice and the courts to enforcethe lawNatalie Russell13
Preliminary HSC Notes - LegalStudies 2019State sovereignty A state, in the legal sense, is an independent entity that is recognised by otherstates on an international basis. In order to be a state, a place must have: a defined territory a permanent population an effective government the capacity to enter into international negotiations----the state has the authority to make rules for its population and the power toenforce these rules.International law governs the relationships between states .International law enables states to participate in trade and commerce andprovides mechanisms for the maintenance of peace and security and thereduction of conflict. International law also covers fundamental human rights,making it illegal to do such things as torture political prisoners or commitgenocide .One of the main criticisms of international law is that it lacks the power toenforce the constraints contained in this law. There are many examp lesaround the world of states breaching international law, especially in thearea of human rights . International law could not prevent genocide inRwanda in the 1990s and has not prevented crimes against humanitycommitted in the Darfur region of Sudan since 2003 or those of the Syriancivil war (continuing at the time of writing) .international law is different from domestic law.States are powerful entities and to force another state to take a particularcourse of action can have implications for the international community. As aresult, international law relies on countries consenting to cooperate in theenforcement of these laws.law is adhered to not simply because it can be enforced, but because it isgenerally accepted by the whole community.As the world is made up of diverse cultures with different values, not allcountries will agree with all international laws and may ignore a law if theyfeel that it is not in their national interest to do so.Natalie Russell14
Preliminary HSC Notes - LegalStudies 2019examine the sources of international law-customs based on
Preliminary HSC Notes - Legal Studies 2019 - Legal aid is the assistance in legal advice, services such as lawyers Re me d i e s to i mp r o v e l e g a l a i d : - More resources - Information on your rights - Better funding for state representative lawyers Practice Question: Why is access to the law important?
Legal Studies (02/09/21) Legal Studies The Legal Studies minor is an interdisciplinary program that allows students to study the role of law and legal institutions in society. Students who minor in Legal Studies learn about law in courses from anthropology, economics, history, philosophy, political science and other disciplines.
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injury case - may apply for civil legal aid (since this leaflet deals only with civil legal aid, where we refer to "legal aid" we mean "civil legal aid"). Legal aid is financial help from public funds. It helps people who qualify to get legal advice and the help of a solicitor to put their case in court.
HONOUR BOARD VOLUNTEERS 2019 - CURRENT David Staniforth Boorowa 2019 Bruce Gruber Boorowa 2019 Lindsay Cosgrove Boorowa 2019 Dennis Osborne Boorowa 2019 John Cook Boorowa 2019 Sue Cook Boorowa 2019 Mick Hughes Boorowa 2019 Daryl Heath Boorowa 2019 Lesley Heath Boorowa 2019 Russell Good Boorowa 2019 John Peterson Boorowa 2019 Heather Bottomley Boorowa 2019 James Armstrong Boorowa 2019
There are many legal clinics or legal information centres you can contact to obtain legal information, educational resources or legal referrals. Alberta Central Alberta Community Legal Clinic (Red Deer) Centre for Public Legal Education Alberta Pro Bono Law Alberta Women's Centre Legal Advice Clinic (Calgary)
Legal Advocacy Essentials: a core training for legal advocates Presented by the Washington State Coalition Against Domestic Violence, 2008. This information is not intended as a substitute for legal advice. 1 Legal Advocacy Essentials . A core training for legal advocates . Table of Contents . What is a legal advocate?
the provision of legal advice, managing legal risk and managing the legal supply chain. By doing this well, the team will move towards its vision. Legal Services is made up of 4 teams, each serving different customers with a dedicated legal resource. This is summarised in the figure right. Although Legal Services has customerdistinct, -focussed .
If asking for legal advice, say so, and start new email chain If giving legal advice, say so Involve lawyers (before litigation contemplated) Maintain confidentiality of legal advice documents Limit dissemination of legal advice (need to know; original only) Make internal communications re legal advice factual
