1.1
1. Explain the difference between a legal and non-legal rule A legal rule is a rule created by the government of Australia and applies to the entire population, while a non-legal rule is created by an individual or organisation and only applies to a specific group.
2. Rules are applied in each of the circumstances listed below. Sort them into legal and non-legal
Legal rules
Non-legal rules
Having to wait until you are 18 years old before you can vote at a federal election
Wearing school uniform to school
Having to wait until you are 16 years old before applying for a learners permit.
Paying your membership fees before being allowed to play in the finals for the local football team
Not being permitted to smoke at school
Wearing a
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Court Type
Description
Jurisdiction
Appellate Jurisdiction
Magistrates Court
At the bottom of the court hierarchy, but hears the majority of cases.
Summary offences, indictable offences heard summarily and committal hearings. As well as bail applications and the issuing of warrants.
None
Children’s Court
A specialist Victorian court on the same bottom level as the Magistrates Court.
Cases involving children.
None
Coroners Court
A specialist Victorian court on the same level as the Magistrates Court at the bottom of the court hierarchy. Presided over by a coroner.
Does not have a criminal jurisdiction, instead has jurisdiction to conduct coronial inquests and investigate and report findings on the case of unexpected or suspicious deaths and cause of fires.
None
County Court
The intermediate court between the Magistrates and Supreme courts.
Indictable offences (except murder, treason and certain murder related offences).
Magistrates Court
Supreme Court
The highest court in the Victorian court hierarchy with a judge presiding. Divided into 2 divisions, the Trial division which hears and determines all matters in the original jurisdiction; and the Court of Appeal, which is the appeals division of the Supreme Court.
Murder, attempted murder, treason.
Magistrates
The Victorian Court System was made up of many different parts, including the three different courts, the different juries, and the lawyers. There were three different courts: the Petty Court, the Assize Court and the King’s/Queen’s Bench. Each of the three courts functioned to serve a different purpose, and worked together to hold all of the trials. There were also different court sessions, which included Petty Sessions, Quarter Sessions, Borough Sessions, and City Councils, all of which served different purposes. In addition to the courts and court sessions, there were also the two different juries and the different lawyers. All of these components of the court were very important to the trials, and made the court what we know it as today.
We attended the ACT Magistrates Court on 6th October 2017. We observed a criminal case.
The Courts and Judiciary of the victorian times were stern like today but had a poor system. The Magistrate decided what to do to the accused. If the Magistrate felt there was no case to answer, he could discharge the suspect. If the case was minor, the Magistrate could have the offence ‘summarily’ tried before two other
When a citizen turns 18, the law regards him or her as an independent entity, capable of voting, paying taxes, and serving in the military. To deny this citizen the opportunity to hold federal elected office is inconsistent and discriminatory. Voters should be the judge of a candidate's abilities and qualifications without the government setting restrictions based on certain personal characteristics.
The next court appeal is the Victorian High Court. This is the next court higher than the supreme court and is the only court that can decide whether the decision is too harsh or not severe enough. Therefore the high court can change decisions made by the supreme court judge.
Is where a magistrate will hear the prosecution’s evidence and decide if it sufficient enough to send the accused to the District or Supreme Court for trial.
Laws in general are thought up in order to maintain order in our society. Over time, it has
in which this decision is made. In some jurisdictions, the cases may be decided upon
On my court visitation I observed a breach of DVO and bail conditions case, at the Beenleigh Magistrates Court, on Tuesday 15th. The Beenleigh Magistrate sits on the bottom of the Australian legal hierarchy of courts. Most criminal and some civil cases are first heard here. The purpose of this court is if an individual is charged with a criminal offence, they must be brought before the Magistrates Court. The role and responsibilities of the court personnel, is to decide if there is enough evidence required for
A legal adviser in the court gives advice on the law and makes sure the magistrates follow the right procedures.
The differences between legal rules and other kinds of rules is that criminal law refers to the consequences associated with breaking them. As the substantive law meaning that it is the law of crimes, referring that Criminal law is the code conduct that all in the society need to follow the rule, and the prohibitions on murder, assault, and burglary. Meaning that if an individual violates or commits these crimes they are going to be treated as a criminal by punishing act from the state. Civil law is refers to procedural law to follow the rule of the state from someone that has committed a crime. Which it is divided into 5 categories, for example torts, property, contract, family, and juvenile law.
Unlike other members of the judiciary, their role and functions have limitations. As individuals, lay magistrates may authorise search and arrest warrants, but mainly their functions are performed as a bench of three. This may include hearing applications for bail or be in charge of committal proceedings. In trial, they decide the facts, the sentence and the law, though the concluding is under the advice of the justice's clerk.
the court of last resort. However, on the basis of its past experience in negotiating settlements with
<br>Towards the mid section of the Australian Court Hierarchy System, lies the County of District Court. The cases that this court's jurisdiction covers is very similar to those of the Supreme Court. This particular court hear appeals from the lower courts and a great majority of criminal hearings are heard in these courts. The judges appointed to hear the cases of this court are appointed by the State Parliament. The Country Court's jurisdiction is empowered to hear civil disputes in which one hundred thousand dollars ($100,000) or less is claimed for personal damages.
The Rules of the Statutory interpretation are The literal rule (IRC v Hinchy, 1960), the golden rule(R v Allen, 1872), The mischief rule (Smith v Hughes, 1960) and The Ejusdem generis rule (Powell v Kempton Racecourse, 1899) The golden rule of statutory interpretation may be applied where an application of the literal rule would lead to an absurdity(R v Allen (1872) LR 1 CCR 367). This is law/ legislation, which has been enacted by Parliament and through administrative process. The law enacted by Parliament is known as an Act of Parliament.