How laws are made

precedent

A decision or legal principle made by a judge if there is no existing law that an resolve the dispute. This must be followed by all lower courts.

Magistrates court

Deals with civil matters involving less than $100 000

District court

Deals with minor criminal cases

Supreme Court

Deals with serious criminal cases

Family court

Divorce, child custody

High court

Matters dealing with the constitutional and federal law

Civil cases

Matters involving disputes between individuals over an alleged breach of right. E.g. breach of contract, defamation, negligence

Non-legal rules

Rules and regulations that are imposed upon members of specific groups E.g. schools have rules about uniforms

Legal rules

Rules are by official law making bodies such as parliament. Applies to All members of society

8 steps in making a law

Step 1: a new or changed law is proposed and discussed in Cabinet Step 2:if the government decides to proceed, they are asked to draft a bill Step 3:Copies of the bill are given to all members of the lower house. The members read the material in their own time Step 4: the bill is discussed. Opposition and speakers say what they think about it. Then there is a vote. If majority wins, it moves into the next stage. Step 5: the bill is debated again but bit by bit by parliamentary committees. Changes to the bill may be changed. Step 6: the final reading is done, this time including any changes made in step 5. If majority wins after the vote, the bill is passed on to the senate. Step 7: The senate goes through a similar process as those outlined in steps 3-6. The senate may refuse to approve the bill. If the senate approves the bill it is sent to the Governor General. Step 8:the Governor General approves and signs the bill. It then becomes an act if parliament and is classified as legal binding for all Australians

criminal disputes

Summary offences: minor crimes heard by a magistrate e.g. minor theft, minor Traffic offences Indictable offences: serious crimes that require trial by a judge and jury e.g. Murder, arson, rape, drug-trafficking

appeal

To ask a higher court to review the decision and determine if justice was done in the lower court.

Statutory Law

When a judge is called to resolve a dispute in which there is an existing law, but the wording is unclear and needs o be interpreted by the judge.