Introduction to Law

RMIT Year 1 - Semester 1

Laws

Legal rules put in place for the betterment of society to keep everyone safe.

• "Laws can specify what people can do, when they can do it, and how they must do it."

Rules

A requirement placed on you by someone else (like parents or school).

Norms

Things we do pretty much without thinking (social norms)

What does the law do?

• Outlines certain actions and behaviours that are prohibited, and the consequences for when the law is broken.

• Allows the production of many common things - marriage, divorce, major purchases (house or car), taxes, etc.

• Allows people to seek remedies.

What are certain situations where crimes should be “excused“?

• Self-defence.

• Provocation.

• Insanity.

Separation of Powers (Branches)

• Judicial - Judges applying law to cases.

• Executive - Cabinet and Ministry holds Ministerial Power which decides what laws a passed.

• Legislative - Makes law through bills.

What does the separation of powers do?

The separation of powers is used to address the potential power imbalance between the three branches of government (judicial, executive, and legislative).

• Ensures that one branch of power can't have absolute power and prevents abuses of power.

Rule of law (Definition)

A principles that says laws should be publicly accessible and clearly written, and that everyone should be treated equally under the law.

Factors that make up the rule of law

• Made by the government not the people.

• Laws are fair, reasonable, transparent, and stable.

• Laws apply to everyone.

• Laws should be accessible and understood.

Legislation

A document which contains rules that have been debated, voted on, and approved by parliament.

• Can create new rules, change existing rules (known as amending the law), or remove rules (known as repealing a law).

• Is set out in numbered sections which are further divided into subsections.

How is legislation made?

1. Legislation starts as a bill which is then introduced into parliament.

2. Each house of parliament needs to read through the bill three times (with a majority ‘yes‘ vote each time) before it can be approved.

3. During the readings there are opportunities for there to be amendments to the bill.

4. Royal assent must be given by the Governor-General for the bill to become legislation.

What can occur during the second and third readings?

A bill can be sent to a Parliamentary Committee where deeper review will be conducted, where written and verbal submissions from the public will be given. After recommendations will be tabled in parliament, where they may or may not be implemented.

State courts

• High Court

• Supreme Court - Court of Appeals

• Supreme Court - Trial Division

• District Court or County Court (same thing but is called different names in different states)

• Magistrates Court

Federal Courts

• High Court

• Federal Court

• Federal Circuit and Family Court of Australia