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Legal System used in Australia : Assignment

   

Added on  2020-01-23

11 Pages2173 Words52 Views
A KEYFACTORINTHESPEEDYANDJUSTRESOLUTIONOFDISPUTESISTHEDISINTERESTEDAPPLICATION1

TABLEOF CONTENTSINTRODUCTION.................................................................................................................................3MAINBODY......................................................................................................................................3Magistrate of the Victorian law...................................................................................................4Behaviour of the judge in courts..................................................................................................4Roles and responsibilities of the judge........................................................................................5Power of judge in Victorian Law.................................................................................................6CONCLUSION....................................................................................................................................7REFERENCES.....................................................................................................................................82

INTRODUCTIONThere are various radical legal changes that are made by professional politicians, not thecourts which leads the judicial activities not to favour the legal systems. Several rules are beingmade in the law for the purpose of removing both the reality of injustice and the sense ofinjustice. There are various people and organizations that make up Victoria’s legal sector whichalso works together for the purpose of providing fair and accessible justice system for all theVictorians1. The law is made up by the Parliament and all the essential aspects are defined by thecourts. Thus, in this regard, it can be said that The Australian Constitution is being formed as asupreme law which provides framework for the development of other laws in Australia. This hasbeen established through dividing the power between the federal and state parliaments2. Thelegal system used in Australia is regarded as an adversary system wherein cases in the court arecontrolled over a judge or a magistrate who acts as an impartial and independent umpire.However, in criminal cases, the accused is considered as innocent till the time it is proved guiltyby the prosecution3. MAINBODY“A key factor in the speedy and just resolution of disputes is the disinterested application bythe judge of known law drawn from existing and discoverable legal sources independently ofthe personal beliefs of the judge”Stating about the above statement, it can be confronted that from last several years, mostof the criminal and civil cases were decided by the juries only who presides over by the judges.1Yi, Youjae, and Taeshik Gong. "Customer value co-creation behavior: Scaledevelopment and validation." Journal of Business Research 66.9 (2013): 1279-1284.2Beier, Susanne, et al. "Influence of judges' behaviors on perceived procedural justice."Journal of applied social psychology 44.1 (2014): 46-59.3Yi, Youjae, and Taeshik Gong. "Customer value co-creation behavior: Scaledevelopment and validation." Journal of Business Research 66.9 (2013): 1279-1284.3

However, now juries are used only in serious criminal cases to decline the extent in civil cases.Thus, in order to fulfil the task, it is essential for the judges to focus on a reasonable minimum ofapplication which could meet civility and intelligence4. A fundamental change in the judiciaryhas also taken place and there is an increased large segment of vigorous and proud judges. Alongwith this, it can also be said that there are several law reforms that have been developed in last 40years. Magistrate of the Victorian lawChief Magistrate Mr Peter Lauritsen currently sits in the Magistrates’ Court of Victoria;however reserve magistrates are also regarded as former magistrates who sit at the time whenrequired. Victorian law is headed by the chief magistrates’ court which is also the lowest court inthe Victorian hierarchy and which also handles around 90% cases5. It is also significant inhandling criminal and civil matters. Similarly, there are no juries in the Magistrate Court; henceeach case is determined by a single magistrate. At the time when judges detect particularcommunity values especially in Australian community, they may sometimes become confusedamong the values that they think the community is holding should actually be holding6. Judicial activism The concept is based on some degree of illegitimacy wherein judges have the charge toexceed their role in managing democracy. This also includes focus on constitutional provisionsso that moral and political preferences can be taken into account to make effective judgement4Ben-Yishai, Ayelet. Common Precedents: The Presentness of the Past in Victorian Lawand Fiction. Oxford University Press, 2015.5Christensen, Lisa Jones, Alison Mackey, and David Whetten. "Taking responsibility forcorporate social responsibility: The role of leaders in creating, implementing, sustaining,or avoiding socially responsible firm behaviors." The Academy of ManagementPerspectives 28.2 (2014): 164-178.6Tyler, Tom, and Justin Sevier. "How Do the Courts Create Popular Legitimacy?: TheRole of Establishing the Truth, Punishing Justly, and/or Acting Through JustProcedures." (2014).4

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