judicial decision I

Overview of Legal Architecture

• Shift from general architecture of law to the application of legal rules.

• Hardware vs. Software:

  • Hardware: Courts, Parliament, Executive, Legislature, Constitution.

  • Software: Legal rules, reasoning, application of rules in practice.

Legal Method

• Focus on how judicial processes work, which rules guide reasoning and decisions.

• Importance of legal rules in upholding the rule of law.

• Preparation for case notes relies on understanding legal method and theory.

• Importance of critique in understanding legal methods and advancing legal principles.

Encouragement for Assignments

• Support and practice are crucial for success in assessments.

• Automatic extension policy allows three extra days without loss of marks.

• Recommended resources include:

  • Tracy Booth’s email for additional information on extensions and support.

Practical Study Tips

• Don’t overthink the process; focus on practice to understand how to apply legal rules.

• Suggested approach:

  • Start with easy guides to understand formatting and referencing.

  • Cross-reference findings with law journal articles for clarity on citations.

Jurisdiction

• Jurisprudence defined as governance of governance (Mariana Valverde).

• Original Jurisdiction vs. Appellate Jurisdiction:

  • Original: First hearing of a case.

  • Appellate: Review of cases from original jurisdiction.

• Geographical jurisdiction may vary (e.g., federal vs. state).

Court Hierarchy in Australia

• Lowest Courts: Magistrates’ Courts handle everyday offenses, resolutions for conflicts.

• Intermediate Courts: District or County Courts deal with more serious offenses.

• Highest Courts: Supreme Courts and Supreme Court of Appeal.

• Federal Courts: Address national matters (e.g., immigration, constitutional conflicts).

  • Federal laws applied at a higher level than state laws.

Importance of Legal Precedents

• Stare decisis: Decisions of higher courts bind lower courts ensuring consistency and predictability within the law.

• Advantages:

  • Fairness and consistency in judicial decisions.

  • Reduces litigation due to predictability in outcomes.

  • Adaptability of law to contemporary circumstances.

Disadvantages of Precedents

• Outdated precedents can become unjust over time, making it challenging to change.

• Judges may distinguish current cases from past cases to avoid binding precedents.

• Risk of inconsistencies in interpretation by different judges.

Ratio Decidendi vs. Obiter Dicta

• Ratio Decidendi: The binding legal reason for a court's decision; governs future cases.

• Obiter Dicta: Comments made in a judgment not essential to the decision, may be persuasive but do not carry binding weight.

Practical Considerations in Case Notes

• Material facts should be concise and relevant to the legal issue.

• The legal issue must be clearly identified along with the ratio.

• Understanding the context of legal principles through case analysis is essential:

  • Use examples to illustrate the application of specific legal rules.

• Focus on articulating the ratio clearly to reflect the overarching legal principles involved.

Case Example - McCarty v. Davis

• Question of entitlement to the engagement ring upon breaking off the marriage:

  • Ratio:

    • If a party breaching a marriage agreement cannot demand the return of gifts given conditionally (i.e., the engagement ring).

• Evaluating context (who broke off engagement) is critical in determining legal rights over conditional gifts.