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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

PAGE

39

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