Law, Justice, Courts, Rights and Dispute Resolution
Core concepts
Distinguish common law and statute, and explain precedent, ratio decidendi and obiter dicta. Understand the adversarial system, the roles of judge, jury, prosecution and defence, and the burden and standard of proof in criminal and civil matters. Know the court hierarchy and appellate pathways, including the High Court's original and appellate jurisdiction and its role as constitutional interpreter. Explain jurisdiction, standing, justiciability and remedies.
Rights and resolution
Australia has no national bill of rights; rights are protected through statute, common law presumptions, and constitutional implications such as the implied freedom of political communication. Name alternative dispute resolution: negotiation, mediation, conciliation, arbitration, tribunals. Explain legal aid, access to justice barriers and the adversarial system's costs.
Traps
Do not say the High Court must hear every appeal; special leave is discretionary. Do not treat the implied freedom as a personal right-it limits legislative power and is not absolute. Do not confuse criminal burden (beyond reasonable doubt) with civil (balance of probabilities). Do not claim precedent is always binding; a higher court in the same hierarchy or the High Court can overrule.
Rule of thumb
For rights questions, ask: is the right protected by statute, common law presumption, or constitutional implication? The protection mechanism determines the remedy.
Worked example
A law banning protests near a parliament may burden political communication; the question is whether it is proportionate and reasonably appropriate and adapted to a legitimate end, not whether the protester has an absolute right.