Human rights are the basic rights and freedoms that are believed to belong to all human beings. Australia has many ways of promoting and enforcing human rights these include international treaties, common and statute law and the constitution. The effectiveness of Australia in promoting and enforcing human rights is shown through the way Australia has responded to the need for law, the way they have enforced the law and how it has protected individual rights The Constitution plays two important roles in protecting human rights. It lays down the system of Australian government i.e. division of powers - federal, state and local and separation of powers - legislative, judicial and executive and it protects specific human rights, including
Despite this, it is stated that following precedent too rigidly may cause an injustice. It is important that the law adapts with the times and judges in the Supreme Court may depart from a previous decision when 'right to do so'. However, the Practice Statement also recognises that it is important to be careful when departing from precedent as it may cause more injustice than if left alone. The first practical application of the Practice Statement was seen in Herrington v British Rail Board 1972 when the then House of Lords held that "any person bringing a dangerous animal on to their land must bear full responsibility"
The state never the less has a role to play in upholding the core values & morals of a society. A Liberal approach to the criminal justice system argues that the state is not neutral, but reflects the diverse & competing interests that are evident within the community. The state & it’s institutions will respond to the pressure generated by different groups. The role of the state is to deal with the social problems as they arise, & to ensure the regulation of social competition & conflict.There is a developmental role for the state in providing for the basic welfare & educational opportunities of it’s
Weekly Reflection Paper Weekly Reflection Paper The group was to compare and contrast common law contracts and the UCC article 2. The textbook tells us that contracts for services or real estate are governed by state common law and contracts for goods or products are governed by state statutory law based on the Uniform Commercial Code (UCC). Some contracts involve both goods and services. These are known as hybrid contracts. In a hybrid contract, the source of law is established by determining the predominant thrust of the contract subject matter.
An example of a law created by Parliament is s.18 GBH under the Offences Against the Persons Act 1861 which carries a sanction of up to life imprisonment. The Oxford English definition of justice is ‘the administration of law or some other authority according to the principles of just behaviour and treatment.’ Just is also defined as ‘morally right and fair’ and ‘appropriate or deserved.’ Many philosophers have tried to define justice and their theories can be divided into three main areas, Justice as Harmony, Distributive Justice and Utilitarianism. Socrates and Plato theorised Justice as harmony. They said that a person’s souls has three elements; reason – the mind responsible for making decisions, spirit – human will responsible for carrying out decisions and desire – emotions that need to be controlled. They believe justice is achieved when all of these elements fulfil their functions and work in harmony.
With having standard and true authority in the presiding of civil and criminal cases, such as, juvenile issues, estates administration and probate, divorce and domestic relations, care of the mentally ill and small claims, to name a few. There are 31 separate judicial districts within the state, having 163 presiding judges combined. Allowing each county to have its own district court, although the number of presiding judges will differ from one district to another. A point of interest is that if a person is found guilty of an offense in a municipal court, they may appeal that decision to the district court within their
Courts of original jurisdiction are: Usually federal courts. Trial courts. Highly specialized in the types of cases they hear.
This was done by the Supreme Court. The amendments that have been incorporated are the 1st, 2nd and the 4th. Parts of the 5th amendments have been incorporated with the exception of the right to a grand jury. Some of the 6th amendment is incorporated except for the right to obtain jurors from the same area where the crime occurred. The seventh is ½ way incorporated and the 8th except for the part of the right not to receive excessive fines.
Criminal and Civil Law Unit 8 Project Ginnifer Wood Paralegal Professional There are two major types of legal actions criminal law and civil law. While the systems for each are very similar they are also very different at the same time. The differences between civil and criminal law range from the parties and their roles in the cases to the level of proof required in each case. As well as there are constitutional implications that are designed to protect someone in a criminal proceeding that do not apply in civil cases. Criminal Actions are generally brought by the people through the government against the person or persons accused of a crime because society has been wronged in the commission of said crime, the government prosecutes on behalf of society therefore the government is always the plaintiff.
There are two subdivisions of trial courts which have limited jurisdictions as well as general jurisdictions. The courts of limited jurisdictions are the courts that handle small cases such as misdemeanors which usually do not obtain records of these courts existence. The courts of general jurisdictions are the courts that try more serious crimes which can impose more than a year in jail as the punishment, these courts are courts of