Structure of the Legal and Judicial System

Introduction The study of law is of great importance , not only for future educational leaders , but for everybody . The law is applicable to all , regardless of gender , race social status or educational attainment , as the legal maxim says ignorantia legis neminem excusat . But for educators and educational leaders , the study of law is a must . At least a basic grasp of knowledge of the existing laws and the legal system should be acquired . This will be applicable for the development and progress of the educational institution , its programs , academic offerings and curriculums

, including but not limited its staff , employees and most especially its students Most importantly , people should understand the necessity of law on upholding social justice , peace , and the general welfare of the society on all aspects of life It can be seen that in Australia , there are two perspectives of law that can looked at . These are Common Law and the Statute Law . The preceding paragraph will briefly discuss on how these two are distinguished from each other . A concise discussion between civil and criminal law will also be discussed Common Law Common law is considered as judge-made , bench-made , unwritten law rather than a fixed body of definite rules such as the modern civil and criminal law codes . Under this system , it is the judge who creates interprets and modifies the law . On cases that he simply interprets law , he may well be creating it . In Roscoe Pound 's words , it is a "mode of judicial and juristic thinking , a mode of treating legal problems (1921 ,

.1 Moreover , according to Henry J . Abraham Utilized by most English-speaking states , common law is variously known also as English , Anglo-Saxon , or Anglo-American law . Despite its conceptualization by Lord Coke as "the perfection of reason " it is indeed a vast and complex instrument of justice . Although at first glance it may well seem chaotic and abstruse , on closer examination it is readily possible to discern a logic which binds the many diverse components that comprise it into a comprehensive and comprehensible entity (Abraham , 1968 ,

. 9 )The doctrine of precedent is another important characteristic of common law , under which the judges refer to a previous decision or decisions in to adjudicate the case at issue . Although common law is considered as unwritten law , basis of the judge on the merits of the cases are previous written verdicts of the courts on the same subject , or if it may be applicable to the case at bar . If in any case the precedents are no longer applicable on the modern times , the judge will revise the decision as to its applicability on our times . The court will not be hampered by obsolete decisions on giving fair decisions Statute Law Despite the fact that historically saying , statute law 's principle came from the Roman Period , its application is essentially of our times (Abraham , 1968 ,

.12 . Also known as written law or code law , statute law came from legislative , administrative and executive...