Elements and Performance Criteria
- Distinguish between common law, judicial precedent and legislation.
- Common law in the Australian legal system is analysed and documented.
- Binding and persuasive precedent is analysed and interpreted.
- Relationship between common law and statute law is analysed and documented.
- Delegated legislation and authorities' allocated specific powers are documented.
- Legal practice of reading case law and law updates are appraised and noted.
- Identify and interpret the court hierarchy and the civil/criminal jurisdictions of each court.
- Civil/criminal court hierarchy is analysed and documented.
- Details of the types of courts for civil/criminal jurisdiction of each court are analysed and documented.
- System of civil/criminal appeals is identified and documented.
- Jurisdiction that the coroner's court has in regulatory practice and its role in legislative reform are identified and documented.
- Role of legal personnel in the court system is identified and documented.
- Identify and interpret courtroom procedures.
- Court examination procedures are identified and documented.
- Role of a judge and jury in a civil/criminal trial and eligibility to attend for jury service are identified and documented.
- Format of a prosecution brief is identified and documented.
- Appropriate manner of entering in to and departing courts or tribunals is adhered to.
- Appropriate manner of addressing courts or tribunals is adhered to.
- Relevant legal language is applied.
- Identify types of offences and defences within criminal law.
- Detail types of evidence admissible in a civil/criminal trial.
- Identify the rules of statutory interpretation.
- Acts of parliament and subordinate legislation as a source of law are analysed and documented.
- Extrinsic and intrinsic material as they relate to federal, state or territory Interpretation Acts are identified and documented.
- Syntactical presumptions are analysed and documented.
- General approaches to statutory interpretation are identified and analysed.