MLL110 Lecture Notes - Lecture 4: Critical Thinking, Obiter Dictum, Telstra

• School: Deakin University
• Department: Business and Law
• Course: MLL110
• Professor: All

Document Summary

Adversarial system : where two people come to the court and explain both sides and the judge (cid:373)akes the de(cid:272)isio(cid:374)s (cid:271)ased o(cid:374) (cid:449)hat"s prese(cid:374)ted. Inquisitorial system : they do have people coming to court and explaining but the judge can go around and make their own investigation and hearing (legislation is their primary source). *authority (how they are created) : legislation goes through parliament (bill to act) where as cases are just handed down in court. *structure (form does the law take) : legislation should be properly structured and the law should be explicitly stated but not necessarily in cases. Courts can only consider matters once they are presented to them , they cant just pull out any matters like the parliament can. *substantive law: contains the law itself (defining rights, duties) *procedural law: sets about how to enforce the rights eg: how to issue a search warrant , which court to file my case etc.