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The Court System Notes

Law Notes > Australian Legal Foundations Notes

This is an extract of our The Court System document, which we sell as part of our Australian Legal Foundations Notes collection written by the top tier of Griffith University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Australian Legal Foundations Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

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






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