Legal Studies Notes

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PRIVATE LAW INCLUDES:

CIVIL LAW = Crimes that have caused injury


LABOR LAW = set of standards for working conditions and wage laws.
COMMERCIAL LAW = aka trade law, is the body of law that applies to the rights, relations,
and conduct of persons and businesses engaged in commerce, merchandising, trade, and
sales.
CORPORATIONS LAW = body of law governing the rights, relations, and conduct of persons,
companies, organizations and businesses.
COMPETITION LAW = promotes or seeks to maintain market competition by regulating anti-
competitive conduct by companies.

PUBLIC LAW INCLUDES:


CONSTITUTIONAL LAW -
- A type of public law
- Governing the executive, legislative and judicial functions of government
- Legislative power is divided between the Commonwealth and the states
- Commonwealth Parliament power to make laws with respect to particular topics
- When there are inconsistencies between state and Commonwealth legislation, the
Commonwealth law will prevail
- The case must go to High Court if the Australian Constitution is breached
- Cases are heard by one than one judge (called Justices)
- Decision are only delivered after much deliberation
- Each Justice makes an independent decision on cases. When a decision is not
unanimous, the majority decision will prevail
- High Court decisions are binding on all courts in Australia
ADMINISTRATIVE LAW -
What right to a review of their decision does an individual have?
Under tax law individuals have a right to review the decision by the Australian Taxation
Office. An individual must lodge an objection before going to the Administrative Appeals
Tribunal or the Federal Court of Australia for an external review. There must be adequate
proof of the claim, as in evident, and one must argue why the decision should have been
made differently.
- Looks after government powers and the decisions of government organisations
- exists to ensure the accountability of the administrative decisions and actions
- Not all decision by the Government can be challenged
- In Australia, administrative law is complicated due to the different levels of
government
- There are three ways in which a person can seek a review of a decision made by a
government agency
- Internal Review = When an individual made the decision a different member
or officer of the agency can review the decision.
- External Review = A more formal system where the merits of a decision are
reviewed by a person or body outside the agency
- Judicial Review = Only the courts can provide this review considering whether
or not the decision is law.
- Government departments have information about appealing against decisions
- In NSW appeals against government decisions are heard by, respectively, the NSW
Civil and Administrative Tribunal
CRIMINAL LAW -
- Body of rules
- Enforceable by the state
- Punish certain acts or omissions
- Maintains public safety, individual human rights and general security
- Crimes are seen as an act against the community, hence these laws are highly
important
- Parts of these laws have been reviewed and changed to reflect changes in society
over the years.
- Although criminal law is the responsibility of the state most states have similar laws
- The main criminal law within NSW is the Crimes Act 1900 (NSW)

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