Lecture 2 / Module

What is the adversarial system as compared to the inquisitorial system?

Adversarial systems the defense and the prosecution are both involved in the fact-finding in the case, and then the judge acts as an impartial referee between parties
In the inquisitorial system, the courts and trial judges all play an active role in the fact-finding of a case and have assistance from defense and prosecution.

What are the two types of law in Australia?

Civil law which deals with disputes between entities, includes Contracts, Torts, Property, Succession and Family Law.
Criminal law which involves regulating crimes.

What is the high court?

Highest court in Australia, hears matters relating to challenges to the constitution, validity of the laws and to hear appeals (after all other courts have heard it).

What is the federal court?

Hears cases from a wide range of areas - bankruptcy, corporations, unions, native title, taxation and trade practises
Additionally, is the appeals court for the Federal Circuit court → note that decisions made by this court are only binding to judges in the Federal Court Circuit.

What is the family court?

A court that hears appeals decisions in family law matters from the Federal Court Circuit. They also hear all family matters generally. Note that there is no separate family court in the case of Western Australia.

What is the federal Circuit Court?

Hears dispute in less complex matters around copyright, migration, trade practises, privacy, family law and child support.

What is the supreme court?

Sit above District and Local courts. Has two sections, a Trial Division which hears serious civil cases (value above 250,000) and criminal offences such as murder, manslaughter and serious drug offenses they use juries in these cases. The second section is the Court of Appeals → which deals with cases hear in lower courts → cases are judged by 3 to 5 judges.

What is a local court

Hears civil and criminal cases to deliver a verdict, cases involving less than $100,000 and criminal cases like theft and drunk driving.

What are some differences between law vs. science?

Evidence is different → in science evidence serves to support or counter a theory or hypothesis, in law, evidence is to support or counter a party’s case
Testing evidence → in science, evidence is established by repeated observations, in law, evidence is tested by witness questioning.
Updating evidence → in science, updating evidence is easy, in law, updating evidence is hard, precedent is truth.
Accuracy of evidence → in science, truth is derived from observation and the reliability and validity of the methodology used in those methods, in law, the criteria for evidence is based on internal consistency, external corroboration of story and reputation of experts and witness. ‘

What about public perception of science and law?

What are the types of offences?

Indictable Offences - tried by jury and judge, more serious. Involves two categories