Australian Legal System Essay

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The Origins and Nature of the Australian Legal System The system of law originated from England and came into act in Australia during federation in 1901. From then on Australian law has had to adapt and accept the altering world in cultures, person’s opinions, technology and just the way of life. The laws in the different states are influenced on other states and territories in the court of law but are not binding. Laws are a set base of rules that are enforced to provide a working order in society. There are many different forms of laws to aid with the extensive diversity of cultures and beliefs and to protect Australians history. Some of these different forms of laws are Common Law, Statute Law, Aboriginal and Torres Strait Islander Peoples’ Customary Laws and International Laws. The first law is Common Law which is also occasionally referred to as Case Law. Common laws are made by the decisions of judges of the higher courts. The judges hear criminal matters and civil matters. Criminal matters are led by the Director of Personal Prosecution (DPP) or Police. Civil matters are not directed by the DPP but are proceedings amongst two individuals frequently involving compensation in order to resolve a disagreement. Common law is named the way it is due to common in nature but the fact that the law is recognised and tolerated by all. A section of common law is the doctrine of precedent. I precedent is defined as ‘a judgement made by a court that establishes a point of law.’ The Doctrine has been put in place with the intentions of ensuring that individuals will have equal ruling through the judging in the courts being fair and impartial. The doctrine also has another role, that being that the power of the rulings that the judges make is limited due to a decision previously been made in a related case. The second law is Statute Law. Statute law can also be referred
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