SPMA 2P96 Lecture Notes - Lecture 2: Precedent, Statutory Law, Judiciary Of Australia
19 Sep 2016
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Law: codi ed rules set by government, enforced by a judiciary. Why do we have laws: gives order to society. Rule of law: law is there to govern our everyday actions, we are ruled by law, no one above the law. Common vs statutory law: common law: based on past decisions (stare decisis, statutory law: based on the written down, law book type. Court hierarchy (the higher the court the more precedent: lower court (general stuff, superior court, appeal court, supreme court. Judge could make bad decision (bad precedent), outdated potentially, judges less power. Private law vs public law: private law: individuals right get violated and seek compensation (tort) !1: public law: state or government is the one who"s been violated or harmed (criminal. Sport law touches both public and private. Federal vs provincial law: criminal law is federal, human rights is provincial. How are new laws established: new laws created by the government.
