70102 Lecture Notes - Lecture 1: Australasian Legal Information Institute, Amicus Curiae, Substantive Law
Seminar 1: In class discussion
McBain v Victoria – can be viewed as a story of social change, a story of public versus
private law, and thirdly as a legal dispute.
Amici Curiae – A friend of the court
Criminal Matters – v (McBain v Victoria) (Crown or State and defendant)
Civil Matters – and (McBain and .. )
Plaintiff and respondent
FCR = Federal Court Report ( McBain v Victoria (2000) 99 FCR 116
Different ways we categorise law:
- Substantive law – Procedural Law
- Public Law – Private Law
- Criminal Law – Civil Law
- ….
Three ways we speak aout oo law
1. In terms of judicial precedence/ judge-made law
2. Civil or common law in terms of the type of legal system
3. As distinct from equity
Primary Sources of Law
- Cases
- Legislation
Secondary Sources of Law
- Commentary on the law (articles, book, law reform reports)
- Hansard debates
How to find cases
Westlaw AU (holds certain official law reports)
Lexis Advance Pacific (can get through library)
Austlii
- You go to UTS Library
- Find databases; Law Databases
- Brings first/ most popular law databases
- Go to what you want/ cases/legislation/commentary
- Can search for catchwords of the case title or directly
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Mcbain v victoria can be viewed as a story of social change, a story of public versus private law, and thirdly as a legal dispute. Amici curiae a friend of the court. Criminal matters v (mcbain v victoria) (crown or state and defendant) Civil matters and (mcbain and ) Fcr = federal court report ( mcbain v victoria (2000) 99 fcr 116. Three ways we speak a(cid:271)out (cid:858)(cid:272)o(cid:373)(cid:373)o(cid:374) law(cid:859: in terms of judicial precedence/ judge-made law, civil or common law in terms of the type of legal system, as distinct from equity. Commentary on the law (articles, book, law reform reports)
