Introducing Law & Justice

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This study guide was based on subject LAWS1052 - Foundations of Law which was discontinued in 2013. The subject has been renamed to LAWS1052 - Introducing Law & Justice. It is likely that some changes have been made to the course that we have not yet been able to process into our study guide, resulting in missing information or a different structure. Please bear with us while we effect the changes and sort everything out, because it will take some time. The study guide below should still be able to cover the vast majority of the course, although it might be harder to find the information because names of 'topics' may have changed - the relevant information should still be inside the articles though.

• Overview of the Australian legal system
• Courts in action
• Common law courts: history and method:

  • Courts and the development of the common law
  • Lawyers and the development of law reporting
  • Doctrine of Precedent
  • Intentional Torts
  • The rise of the tort of negligence

• Legal problem solving
• Statutory interpretation
• Conflicts between king, parliament and the common Law:

  • The civil war and the Glorious Revolution
  • The Rule of Law

• The impact of settlement on the indigenous inhabitants
• The settlement of NSW and the reception of English law
• The development of parliamentary democracy and the federation

  • The constitutional framework of the states and the move to independence
  • Federation as the will of the people

• Precedent and change

  • Independent attitudes, race and justice
  • Theories of judicial decision making and the doctrine of precedent

• Judicial decision making and classification in Australian law

  • The public/private distinction and the role of public policy
  • The modern distinction between law and equity