Legal Institutions/Foundations of Law-Australia

Description

Law v Common Sense 2 Example - Legal Meaning in Statute 2 Magna Carta: 5 Main sources of law 5 Terra Nullius? 5 The many meanings of the “common law” 5 Statute law: laws made by the Parliament 6 Case Law: laws made by the Courts 7 Classifications of Law 7 IRAC 9 How to Use Statutes 12 Australian Consumer Law s 18 12 Foundations of Law - Overview 21 Main Legal Principles and Doctrines 21 The Rule of Law 21 Separation of Powers 22 s51: Powers of Parliament 23 States, and the control of the forces to execute and maintain the laws of the Commonwealth 23 The Queen: Constitutional Monarchy 25 Westminster system: responsible government 25 The Legal Profession 29 Obligations on Legal Professionals 33 The Judiciary 36 Constitution Act 1902 (NSW)- s53 37 Role of case law 41 Early Development of the Common Law: Summary 59 Early Common Law Trial Procedures: 62 Magna Carta - 1215 63 Civil War – 1642 68 Royalists v Roundheads 68 The Glorious Revolution 1688 69 Bill of Rights 1689 70 Act of Settlement 1701 70 Development of Equity and Courts of Chancery 71 Key Features of Equity 72 Equity’s relationship with the Common Law 73 The Writ System 73 Judicature Act in NSW 75 International Law –Rights of the Occupier 75 AUSTRALIAN CONSTITUTION, s 51(xxxi) 75 Settlement and Terra Nullius 76 Aboriginal Native Title 77 To what extent did English laws apply? 78 Commentaries on the Laws of England 1830 78 Radical title/absolute ownership 81 Establishment of the Australian Court System 85 Executive Power – Definitions 117 What is a court? 126 THE SEPARATION OF POWERS 128 Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) 130 The Court System 131