MP123 Research Essay: Australian Courts, Negligence, and Legal Systems

This research essay delves into the intricacies of the Australian legal system, focusing on key aspects of contract law, torts, and the court hierarchy. It begins by outlining the structure of Australian courts, distinguishing between the Commonwealth and New South Wales court hierarchies, and explaining their relationship to the doctrine of precedent. The essay then examines the tort of negligence, detailing its elements and supporting them with relevant case law, including Donoghue v Stevenson, Caparo Industries Plc v Dickman, and Condon v Basi. Furthermore, the essay explores the distinctions between tort and criminal law, analyzing the implications of choosing to pursue legal action in either area, and the role of police. The conclusion synthesizes the key concepts discussed, emphasizing the importance of law in maintaining societal order and the specific roles of different legal areas. The essay utilizes APA style for referencing, providing a comprehensive overview of the topics covered.

Research essay Question and
Answer

INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
CONCLUSION................................................................................................................................6
REFRENCES...................................................................................................................................7

INTRODUCTION
Law are those rules and regulations that have been formed within a country to control all
kind of criminal activities existing within country. Such regulations help in dealing over various
aspects existing within society which helps in maintaining balance within it. Law has been
providing proper framework over making legal factors covered within it. Laws are divided into
various parts like business law, contract law, property law and law of torts these laws covered
within two main laws which are criminal and civil laws. These laws have been making various
functions in society conducted in appropriate manner. In these essay things to be covered is
based upon contract law, torts law and courts system of Australia. Contract law helps in making
legal contracts formed between parties and torts laws covers about conducting of day to day
wrong. Then courts system existing within Australia is covered within the essay
MAIN BODY
Describe the main courts in the Commonwealth and New South Wales court
hierarchies and explain their relationship to the doctrine of precedent.Australian legal
system consists of two main parts that is parliament and judiciary. Parliament helps in forming of
laws by following proper process which is prescribed under constitution. Judiciary acts in order
to solve cases related to offence of both criminal and civil nature. Further there are two min
courts that exist within the judicial system of Australia that is Federal court system and court
system of state or territory. These courts help in dealing over cases of both civil and criminal
nature as per their jurisdiction. ‘Jurisdiction’ means the power and authority conferred on a court
to hear and determine a case. Jurisdiction of state courts is dependent upon its territory or
monetary value hold by court. In this litigation process is been followed. The legal system of
Australia is advisory in nature which has made role of court to be divided into parts like
administrative, dispute resolution, imposing of legal decision within parties, decide over
jurisdiction in civil or criminal matter. With respect to criminal offences, the court where the
case will be heard is determined by, the statute that created the court, seriousness of the offence.
In relation to civil case jurisdiction is been to all courts and states are having there own
boundaries to deal upon case. So in order to make court system operate effectively and
efficiently makes jurisdiction divided into two types Horizontal and Vertical. In horizontal
jurisdiction it is required to make sure that overlapping of jurisdiction reduces. In case of vertical
jurisdiction it is necessary over providing opportunity in relation to judicial review upon decision
of lower court by high courts. This makes hierarchy of courts to be justified in more effective
manner and makes judicial system transparency maintained. The jurisdiction is divided into
original jurisdiction and appellant jurisdiction. Original jurisdiction is been provided to lower
courts since they hear a case for very first time. Also known as court of first instance as they look

into matter for very first time. Inferior courts (Magistrates Court or Local Court) are located at
the bottom of the court hierarchy and possess original jurisdiction which generally makes
magistrate settle disputes quickly and effectively. It has less formality than high court. Then sate
and territory courts are required to follow procedure rules and law of evidence. These courts
have complex process for filling case within it. Lower courts is been given power to pass
judgement s per jurisdiction only. Jurisdiction of these case differ from state to state and have
criminal jurisdiction within it also. The hierarchy of court has helped in providing of system of
appeals from decisions of the lower courts to the higher courts. Also it allows various forms of
hearing to be done as per gravity or seriousness of case. This has ease down process of justice in
effective manner. In order to succeed in an action in negligence, certain elements must be
established by a plaintiff. Explain those elements. In your answer, ensure that you refer to
at least three (3) relevant cases. Law of tort is that kind of law which holds jurisdiction in
relation over the civil wrong committed by one person to another. In this claimant suffers loss
due to the person which makes liability to be formed of a person. Such act is known as tortuous
act which involves intentional infliction upon various kinds of things based upon emotional
distress, negligence, financial loss and infringement of privacy is involved within it (Almatrafi,
Johri and Rangwala, 2018). Tort law involves claims over that action which seeks upon
obtaining civil remedy over the damages that has been formed. These damages is been covered
within the form of money. Tort makes claim to be compared within criminal law that deals upon
those criminal wrongs which a punishable crime. In this wrongful act like assault battery is been
covered. Wrongful act such assault and battery results in firming of both civil and criminal suit.
These are the offences covered within law of tort. Also law of tort is covered with contract law
which makes agreements to be created in more effective manner. Negligence is failure over
exercising appropriate and ethical rule which makes expectation exercised over various kinds of
specific circumstances accruing within an contract. This tort law is known over dealing upon
negligence that has taken place due to omission of the act or some other circumstances. The core
concept of negligence is that people should exercise reasonable care in their actions, by taking
account of the potential harm that they might foreseeable cause to other people or property.
Relevant case law related to this tort is Donoghue v Stevenson in this case Mrs Donighue went
to café with friend and brought her bottle of ginger beer and ice cream with it. since gnger beer
come in opaque bottle so its contents cannot be seen. Mrs Donoghue poured half of the beer in
her ice cream and drank some from it. After eating part of the ice cream she again poured the
remaining content from the bottle over ice cream. The she noticed decomposed body of snail
emerging from bottle. Mrs Donoghue suffered from personal injury due to this incident. She
filed a suit of complain against the manufacturer of the ginger bottle. In this court held that
claim made by her is successful and this made establishment of law of negligence with the help
of neighbor test possible. Caparo Industries pIc v Dickman in this case Caparo industries
purchases shares in in Fidelity Plc in reliance of the accounts which stated that the company had
made a pre-tax profit of £1.3M. In fact Fidelity had made a loss of over £400,000. Caparo
brought an action against the auditors claiming they were negligent in certifying the accounts. In
this case court held that their was no duty of care and was not sufficient between Caparo and

auditors. In this case the auditor was not aware about assurance of Caparo nor and the purpose
they use the account. Anothre case law is Condon v Basi in this claimant has been suffering with
a leg injury during an tackle with the defendant when an football match was going on. In this
claimant played for Wanderers and the Defendant for the Khalso Football Club. Both clubs took
part within the Leamington local league. In this the standard of care is been targeted and claim
was launched for it. In this case court held that standard of care is required to be checked as per
the level of expertise over players. In this defendant is been held liable over breach of duty since
the tackle was reckless and regarding standard excepted local league player. In this participation
is to be taken over making acceptance with risk of injury inherent upon sporting activities and
soes not accept risk of injury which is outside the rules of game. The abive discussion proves
about that negligence is an act which is been performed only when omission of the act is been
done on behalf of it. This tort can be used with contract, assault and trespass. Negligence is one
of the most important tort based upo duty of care which means an neighbor should help each
othe r(Johnson and Hennessy, 2019)r.If you are injured because of the actions of another
person, would your preference be to take action against the person who injured you in tort
law or criminal law? Explain why. Criminla laws are those laws that has been used in order to
control crime existing within society or country. Such laws has been helping in punishing of
criminal as per the legislation formed by them. In these kinds of crimes offences like sexual
assault, murder, kidnapping and extortion is been covered. In these kind of offences police has
various important role to play which is helps in enforcing of law that has been formed by other
authorities, helsp in guarding an community in relation to peace and balance within society. This
makes serving of law and helps in independency of government maintained. Police has been
given various kinds of powers with the acts that deals upon crime and activities related to it.
Police has been operating upon crimes and controlling them offences of minor and sever nature
is handled by them. also police under criminal law has been given power to investigate and
check a person on finding him or her suspect within particular case. Various legislation has been
formed in order to control crimes existing within society. Police and other autocrats are those
persons that makes investigation process completed i more effective manner. Tort laws are those
laws that deal upon various kinds of civil wrongs. If an person causes injury and it has lead over
causing grievous hurt or death of a person then it is amount to criminal offence within the court.
In this offence cannot ne marked under law of torts since injury is been caused by one person to
another. In this if the injury turns to be sever then it amounts to crime and if the injury is cause
with the breach of duty of care then it is considered as tort(Lock and Pouncett, 2017).So, if an
person has injured another person them it amounts to criminal offence since injured has injured
person.
CONCLUSION
From the above discussion it can be concluded that an law are those rules and regulations
that has been used in order to create balance within society. Laws are that aspects of society
which covers various kinds of aspect existing in an country and leads over lack of discipline.

Laws are one of the most important part of legal system of a country. The essay deals upon
hierarchy of courts in Australia with tort law and criminal law. Law of torts are those laws which
makes civil wrong done by an individual to be handled. In the essay offence of negligence is
covered. In then end criminal law is been covered.

REFRENCES
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