Nov 3, 2009 @ 9:49 PM
Legal Brain Dump
Sorry peeps, another HSC related posty. Tis my brain dump so you might wish to ignore *shrug*. This blog is half a diary anyway XD If you are one of the lucky
What themes questions can ask about:
-> Continuity and change = Precedent and customary vs reform in light of
-> Culture and ethics and values = The composition of society and its morales which must be reflected for
-> Effectiveness = so that it deals with said expectations, providing suitable solutions to issues and reforming those which fail though utilisation of
-> Legal processes and institutions = The range of government and non-government departments which review, amend and create legislation and enforce it. A failure of enforeceability results in
-> Conflict vs cooperation = Which drags in the god damn LRCs and all sorts of things which I don't really want to think about. I therefore hope they don't ask this last theme X.X
Law and Society
Law and Justice:
Influences =
Social -> Compostition of society -> Acceptance of homosexual relationships. Multicultural society means natural law is enshrined in International law rather than in a higher deity.
Damn. Multicultural is part of cultural influence. Eugh. Wth is societal then.
Cultural -> Multicultural. *glare*
Political -> Influenced by the policies of the party in power
Economic -> Access to ministers and political leaders
Moral -> Society's moral standards. WHY theres a separate for 'social' is completely beyond me.
Justice
Access -> Money, time, knowledge
Equality -> Formal equality and instiutionalised inequality (eg include access to legal system, fines as punishment, women in workforce)
Equity -> Developed in chancery courts despite whatever bs the heinemann textbook says.
Fairness -> Threatened by instutionalized inequality
Human Rights -> Inalienable. Doesn't that just bring back thoughts of 'belonging'? XD Makes up part of public/customary international law.
Human Rights:
Key dates incluuuuuuuuuude
1215: Magna Carta, historical document which first place controls on powers of king.
16....something. *guesses 1640* DAMMIT. 1688 X.X: English Bill of Rights, imposed on William of Orange and causing the start of an irrevocable breakage of parliament from the monarchy.
17...68? *peeks* Nu~~~ 1776, and should damn know that: Declaration of Independence of United States, in response to British attempt to impose tax.
1789: Declaration of the Rights of Man. French Revolution, a load of chaos, and voila, the first attempt at a declaration that set out rights on an international scale. (I knew this one X))
Random legislation (What i remember anyway):
Emancipation Act 1833 (UK)
Article 23 of the Universal Declaration of Human Rights 1948 -> Right to partake in union activities.
Human Rights (Sexual Conduct) Act 1994 (Cwlth)
Anti-Terrorism Act 2004 (Cwlth) -> Breached rights of minors in accordance with CROC
Anti-Terrorism Act (No 2) 2005 (Cwlth) -> Threatening to free speech
International Covenant on Civil and Political Rights 1976
International Covenant on Economic, social and cultural rights 1976
International covenant against torture and other cruel and unusual punishments 19??[CAT] okay, its 1984, *sigh*
Declaration of Human Rights 1948
Convention on Rights of the Child 1989
Convention on Status of Refugess 1951
Migration Bill rejected in 2007/06
Migration Act 1958 -> Aus reply to 1951
Case Law:
Mabo v Queensland (no 2) 1992 -> Native Title, rights of people to self-determination.
Toonen v Australia (1994) -> Civil and Political rights (Same sex relationships)
re Pinochet (1999) -> Natural Justice
Dietrich v The Queen (1992) -> Right to legal representation
Articles:
A couple hundred media releases by the refugee council of Australia which are so over the place that I have no option but to make up dates and titles tomorrow XD
Temporary Protection -> Ended in 2008
Nauru Detention Centre -> Closed in 2008
11 Refugees dead -> 06
Migration Bill of 06 -> Impeded non-refoulement policy
FINALLY, NEXT TOPIC!
Crime
Dun dun dun
Legislation: Pooey. There's a lot, but non comes to mind
Crimes Act 1900 (NSW)
Crimes (Relationships) Amendment Act 1981 (Cwlth)
Traffic ....something Act 1996? (NSW) omg...1906...we had cars? O-o
Sentencing Act 1989 (Cwlth?) ngaw, its gotta be nsw o.o *hits head*
some kinda legislation that was introduced in 2006 and had the supreme judge screaming.
Home Detention Act 1996 (NSW)
Mandatory Sentencing repealed October 01 in NT
March 09, laws to mandatory sentencing laws in insulting police eased for youth over 16 in WA.
This Year, ICC issues order for arrest of president of Sudan.
Shapelle Corby 04
Drug Court established 1999
Hmm. Not much legislation. Phooey.
Case Law:
Sharkey v DPP (1989) [I admit it, im completely making up dates now]...and it was right o_o
Barton v Armstrong (1999) <---Bahaha, its 1973
R v Blaue 1975 <--I'd be ashamedif I forgot this one
The Wonderland Club 2000 XD
R v Tideman (1976)
Murder of Anita Cobby in 1987 -> Sparked changes to truth-in-sentencing and call for death penalty to be reintroduced.
Port Arthur Massacre -> Special case where perpetrator has to be isolated from other prisoners.
Articles: NB. all dates and newspaper names will be made up on the day (y)
"Accessory gets 18 years for acid"
"How state jails steal our resources" - SMH 2008 Dec -> 55K per prisoner, 67% increase imprisonment rate since 87
"Buddy finds little to keep him out of jail" - SMH 2008
"Guilty Secrets" - Good Weekend, 2004. Nichola Cowdery QC, quoteth thee, : Without charge negotiation...the system would be unable to cope.
"Tougher than usual justice" '04 -> Adversarial System
"Concern as Police bugging powers widen" - 08
"Judge slams media, gov over riot laws" 06, aforementioned angry judge. Statistically, 40% rise in youth on remand.
"Jury duty: The lamp that shows democracy lives" ST, 06
"Victims want Veto over plea bargains" 09
"Mokbel Lands in Melbourne" - The Age, 06
"Victims of a crime have a say in sentencing" - Ministerial media report 08
"We all pay the price when someone is executed" DT 07. Ngaw, was SH. Forensic testing found 187 convictions in US of death penalty were wrong.
"Justice in the cell without bars" 04
NEXT->
Family
Legislation: (deep breath)
Family Law Act 1975 (Cwlth)
Adoption Act 2000 (NSW)
Marriage Act 1961
Crimes (Relationships) AMendment Act 1981 (NSW)
Property (Relationships) Act 1984
Propertly (Relationships) Amendment Act 1999 (NSW)
De Facto legislation transfer to federal -> March this year
Status of Children 1996 (NSW) -> Recognised ...something. IVF BORN KIDS! Wait, no. it did the opposite. *grumble* Until freaking 08. Oh. and also recognised that biological fathers remain just that -> the real parent.
CHildren (Eqaluty of Status) 1976 (NSW?)
Young Offenders Act 1997 (NSW)
Family Law Reform Act 1995 (Cwlth)
2004 ammendment -> redefined marriage
Miscellaneous Acts (Same sex relationships) Amendment 2008 (Cwlth)
Family Law Amendment (Shared Parental Responsibility) 2006 (Cwlth) -> Lobbying fathers = abuse of CROC
Convention on rights of CHild <- The CROC
Superannutation Act (1992 (Cwlth)
Children Cases Program 2004
Case Law:
R v Hickey 1992 -> Battered Women's Syndrome
Unnamed 2006 case, lesbian women had to pay maintenance for partners children born through IVF
Hope and Brown v NIB (1995) -> Discrimination of health funds on basis of being same-sex family.
R v senior. 1899 now that ive cheated and checked. at fault of manslaughter for not allowing son medical attention.
The good thing about family law?? Kiddies can't be named. So not much case law ^o^
Articles: Here we go
More bashing by wives -> 09 DT
De Facto choice deserves respect -> 08
Cost of child abuse as high as 30B -> 08
Nile deal dashes gay adoption plans -> 09
Inquiry into same-sex adoption ->09
Gay Adoptions hits international hitch -> 09
NSW in rights push for lesbian mums -> 08
national standards for foster homes ->09
women suffer -> 09 DT
Family justice descends into farce -> 07 Oops. 06
Divorce Courts ditched -> 08
Trapped in the middle -> 08
Mums pay price of new child support formula -> 08
Fighting violence: Police given cameras -> 08 dang, o7
Child friendly divorce judged a success 07
changes called for new family law - 09
100 at risk children dead 07
mandatory laws to be eased 08
Crap. Just realised i completely neglected agencies. Any topic ->
Federal Magistrates Court
Family Court
AIRC
NSWIRC
ALRC
NSWLRC
IRC
DoCs
Court of Crminal Appeal
Fair Work Australia
Family Relationship Centres
Children's court
Ewah, still workplace to go...omg, im sleeping X.X