Teacher: Naz Osta E-Mail: firstname.lastname@example.org. BANKSTOWN COLLEGE OF TAFE HSC LEGAL STUDIES. Course Content Introduction to Legal Studies Law and Justice Human Rights Crime Family Law World Order TOTAL:. Duration 2 weeks 4 weeks 4 weeks 10 weeks 5 weeks 5 weeks
What is Law?
Rules that apply to everyone that can be enforced.
Where does our law com from?
Parliament, courts, the constitution and delegated legislation
Why do we need law? Is law necessary?
1. Laws regulate society by telling us what we can do and when.
2. Laws enforce values society deems important.
3. Laws protect members of the community from harm.
4. The law provides a venue for resolution in times of conflict between individuals.
5. Laws enforce rights and gains compensation.
What are the characteristics of law?
1. Laws can be enforced.
2. laws are accepted by the community.
3. Laws are binding on the community.
4. Laws are discoverable. ( no hidden laws, you can go out and find out about them).
5. Laws are in the public interest.
6. Laws reflect morality.
1/ COMMON LAW: judge made law based on Doctrine of Precedent. The system of Law used in Britain and its colonies.
PRECEDENT: A binding decision made on a present case based on a previous court case with similar facts.
2/ STATUTE LAW: also known as Legislation, or Acts of Parliament. Statute Law is made by Parliament. Eg. Native Title act (1993)
3/ DELEGATED LEGISLATION:laws made by subordinate authorities (eg: Australian Post- cost of Postage).
4/ CONSTITUTION:describes how the country should be run and outlines how Power is divided and the rights it gives its citizens.
5/ INTERNATIONAL LAW: governs the interactions between nations. If a nation breaches international law, it can be dealt with by the international community through: Trade Embargoes, Denial of Diplomatic Recognition, Trade Sanctions and Military Action.
DIVISION OF POWER: Powers are divided between the States and the Federal Government.
1/ Residual Powers: are the powers that the states retained after federation, eg police, local councils
2/ Concurrent Powers: areas over which both the states and the Commonwealth have legislative power, eg education and health
3/ Exclusive Powers: federal parliament has exclusive power over immigration and defence.
SECTION 109- THAT WHERE A CONFLICT ARISES, COMMONWEALTH LAW PREVAILS OVER THE STATE LAW
SEPARATION OF POWERS: Power is distributed between the 3 arms of government; that is between the legislature, executive and the judiciary.