BLAW10001 Lecture Notes - Lecture 3: Abbreviation, Law Reports, Australasian Legal Information Institute

• School: University of Melbourne
• Department: Business Law
• Course: BLAW10001
• Professor: Arlen Duke

Document Summary

Civil litigation begins with an exchange of written documents (pleading) in order to de ne. Civil trial process the nature and extent of the dispute documents, to establish the facts relied on by plainti and defendant. When the case comes to trial in court, evidence is led from witnesses, or by producing. Each side then presents arguments as to what law is relevant and how it should be applied. The court then decides what facts are proven and what law is relevant. The case is decided according to this law and an appropriate order is made. Judges make the law indirectly when they decide cases. Judges should usually apply existing law to cases. Judges have no direct authority to make law (from a constitution) but are often credited with judge made" laws and the outcome of cases is often cited as a source of law. Principles of contract law have all been made through adjudication process.