LAW 1501 Chapter Notes - Chapter unknown: Constitution Of Australia, Terra Nullius, Henry Parkes
7 Jun 2018
School
Department
Course
Professor
Melissa Sparrow (a1668063)
1
CHAPTERS 1-3 LAYING DOWN THE LAW
CHAPTER 1
• Law in Australia is engaged in by
- Solicitors
- Barristers
- Tribunal members with legal qualifications
• Lawyers work in broad fields including
- Government departments of various state Levels
- Banking and investment sectors
- Industrial and Commercial sectors
• Necessary to understanding or practicing Australian law are
- Australian legal history i.e. Development and evolution of system and sources
- The enactment of law is “the provision of objective advice and persuasion”
(textbook, pg.5)
• Customary law as legal principles evolving from Ancient times based on governing
principles of society
• Types of Law and the states in which they are employed include
- Common law i.e. Australia, New Zealand, India
- Civil law i.e. Thailand and Japan (textbook, pg. 6)
- Hybrid Systems i.e. Scotland
• Roman Law influenced by Greek and Christian legal ideas (textbook, pg. 6)
• Common Law and Civil Law whilst similar developed separately
- English court influence of procedure, method and decision making processes
- Roman influence of custom and canon law, local employment of law, judicial
recording and royal influence
find more resources at oneclass.com
find more resources at oneclass.com
Melissa Sparrow (a1668063)
2
- The Australian legal system is based upon all of these influences thereby being
referred to as the “Judaeo-Christian ethic” that is responsible for modern
democracy (textbook, pg. 7)
- Natural Law considered greater than other legal concepts until the 18th century
- Natural Law and 13th century philosopher Thomas Aquinas
• Legal Theory
- “Broadly covers the nature and function of law in modern societies, the nature of
citizens’ obligations under the law, the different theories underpinning legal
reasoning, and the interpretation of legal texts.” (textbook pg. 7)
- Positivism, (Science based decisions rather than moral) Legal Formalism,
Utilitarianism, (what is moral is right) Feminism legal influences
- Positivism dictates that “morality and law are separate” therefore laws are
permissible regardless of whether they produce negative outcomes or not
• Geo-politics and The Law
- Globalisation influential to international law issues e.g. climate change and
international law (textbook, pg. 8)
• United Kingdom retreat from E.U decreasing the influence of civil law
• Common Law as decisions made by judges & through legislation
find more resources at oneclass.com
find more resources at oneclass.com
Melissa Sparrow (a1668063)
3
CHAPTER 2-
• Feudalism- Governing system of economic and social administration following the
Norman conquest of England.
- Based on land ownership through a top-down system of social status
- Mutual promise decreed
• State Decisis- Courts obliged to abide by precedent
• Writ System- An order by the monarch to the king’s representative
• Legal Fictions- Falsified Facts used to increase the scope of existing legal
precedents
• Lack of common knowledge regarding legal procedures and hierarchy
- God punish the wrong-doer (Justice as god-given/Divine intervention)
- Trial by ordeal- Punishment would be ceased by God if innocent
- Trial by battle- Non-criminal cases principle as above
- Defendant disproval of allegation by calling witnesses (wager of law)
• Equity- Discretionary, wrongs require remedies in accordance with the law,
relevant to intent and intention to fulfil obligations imposed by law
Lord
Tenant Landlord Peasant
King
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Chapter 1: law in australia is engaged in by. Tribunal members with legal qualifications: lawyers work in broad fields including. Industrial and commercial sectors: necessary to understanding or practicing australian law are. Australian legal history i. e. development and evolution of system and sources. Common law i. e. australia, new zealand, india. Civil law i. e. thailand and japan (textbook, pg. Hybrid systems i. e. scotland: roman law influenced by greek and christian legal ideas (textbook, pg. 6: common law and civil law whilst similar developed separately. English court influence of procedure, method and decision making processes. Roman influence of custom and canon law, local employment of law, judicial recording and royal influence. The australian legal system is based upon all of these influences thereby being referred to as the judaeo-christian ethic that is responsible for modern democracy (textbook, pg. Natural law considered greater than other legal concepts until the 18th century. Natural law and 13th century philosopher thomas aquinas: legal theory.
