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.