Civil Law involves disputes between individuals and organisations in society where one party suffers an injury from the other. The courts that hear civil cases include the magistrate’s, the district, the supreme and the family courts in Australia. Civil cases include claims and minor claims for debt or damages, trader claims of goods or services, residential tenancy matters, motor accident cases, breach of contract, personal injury, defamation and family matters.
Criminal Law is a system of law that defines the misconduct that is prohibited by the government as it may threaten the safety of others or their welfare. Courts that hear criminal cases include the district, supreme and high courts of Australia. Criminal cases include murder, theft, armed robbery, rape, dealing drugs, arson and manslaughter.
The difference between the two is the severity of the crime and the punishments involved for offenders. In a civil case, often, the form of punishment is a fine that requires a paid sum of money as the crimes are not very serious. In a criminal case, jail time is the most common punishment for those who break the law. For more petty criminal cases such as theft, the maximum sentence is 5 years whereas for serious cases such as murder, it is often a life sentence in jail.
Customary Law
Customary law is a set of traditional common laws and rules that relate to the practices amongstIndigenous and Torres Strait Islander people in Australia. Customary law in Australia has not yet been integrated into the political system. However, if Indigenous people wish to punish other Indigenous people, they can receive permission from the Australian government. The Indigenous punishment for constant cheekiness involves spearing, where a spear is stabbed into the victims calf.
How common laws are made
Common law refers to the laws that are made in court. It is used to make decisions that are left out of the constitution, using similar previous cases as precedents. The choices made in the similar cases before influence the judges decision. For example, when the crew of the yacht Migonette were stranded at sea in the lifeboat; Richard Parker, the cabin boy, fell ill from drinking excessive quantities sea water. The captain, Tom Dudley and a crew member, Edwin Stephens, murdered Parker so that they would not starve or dehydrate. The remaining three members feasted on the boy’s body and they lived. They were brought to court and Dudley and Stephens were found guilty of murder. This was because a similar event occurred following the shipwreck of the Euxine ten years earlier and the men who killed for necessity were found guilty of murder. This is an example of a precedent in history that is part of how this common law was made.
How statutory laws are made
A bill is proposed to the lower House of Parliament (House of Representatives). It is voted on and changed. If it passes, it moves to the upper House of Parliament (Senate). If it passes, it then is given to the Queens representative (Governor General), who provides a royal assent. Finally, the bill becomes a law that applies to the whole of Australia.
Insert picture
The Mabo case was a civil court case in regards to the indigenous land rights of the Meriam tribe. The group of 6 men brought the case to the High Court Of Australia. Legal precedings began in February 27th, 1986. However, the Chief Justice sent the case to the Supreme Court of Queensland. However, the group of men challenged the Queensland Coast Islands Declaration Act of 1985. The high court found that the Queensland Coast Islands Declaration Act of 1985 violated the Racial Discrimination Act of 1975. This meant that the case would continue. On the third of June, 1992, the decision was made. Six of the seven high court judges recognised the Murray Island as Meriam territory and the group of men won the case.
The reason I chose this case was because it showed how powerful one man can be if he fights for what he believes in. Eddie Mabo believed in the importance of indigenous land rights. He fought for years so that the Murray Island could be recognised as Indigenous territory. This court case is significant as the group of men fought for land rights of the tribe of Meriam people. They won and the Murray Island now belonged to those inhabiting it. By winning the court case, it influenced over 480 people, according to the 2006 census, living on the island. This is a quote from B A Keon Cohen when he rang to tell the people living on the island that Eddie Mabo had won the case.
“ I rang Murray Island — that is to say, I rang the phone box located, as readers will recall, outside the general store. The conversation went something like this:
Hello, Bryan Keon-Cohen here, who’s that?’
[Inaudible.]
‘Do you remember Eddie Mabo’s case, that court case about land?’
‘Yes.’
‘Well, I’m ringing you from that Court in Canberra where those top Judges are, you know, that High Court.’
‘Oh yes.’
‘Well, those Judges, they told us their decision just now: Eddie won. You Murray Islanders have won that court case. You own the island under your laws and custom.’
[Screams of what I took to be joy, laughter, yelling, much discussion in the background.]
‘Hello! Hello! Is anyone there?’ says I.
‘Oh thank you, thank you, we are very happy, I have to go and tell my Mum. Goodbye.’
‘Bye. See ya.’ ”
From this text, it is obvious that the inhabitants of the Murray island were overjoyed to hear the good news.