The Court System Notes

THE COURT SYSTEM Elements of the Court System * Scene o The court as a space o Common Law tradition * Composition o The people of the court o The office of the judge * Structure/System o Court hierarchy/organization o Jurisdiction The Judiciary (Australian Courts) * How do courts (judiciary) differ from the Legislature and Executive in Australia? o Administer justice o Apply law to cases SS? Doctrine of precedent o Adverserial SS? Opposing parties to a dispute o Interpret laws SS? Common Law and Statute o Uphold Constitution/Rule of Law o Judge accorded special place o Hear evidence o Punish offenders * Courts have the power to resolve disputes according to law The Court Scene * The scene of the court is strong in our imagination of law and justice * Courts are places of public performance * In the common law tradition, judges were thought to simply 'declare' the law o Judges words still carry certain legal authority o Judge's robes are unique and distinguishing o The physical position of the judge in the courtroom is typically elevated PAGE 39

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