Courts:

Question 1

The Australian legal system consists of?

Answer 1

laws, procedures and bodies (or institutions) that make and enforce the laws.
* The two main bodies that make law are parliament and the courts.
* Law made by the parliament is called statute law (or legislation) and law made by judges or the courts is called common law (or case law).

Question 2

Main role of the courts:

Answer 2

To resolve cases by applying and interpreting existing law.
It does this by applying and interpreting existing statute law made by the parliament and previously established legal principles established by judges.

Question 3

how can judges in superior courts make new law?

Answer 3

• statutory interpretation: interpreting the meaning of words and phrases in an existing statute so its meaning is clarified
• by establishing a new principle of law when resolving a dispute in which there is no existing applicable law; that is, no existing statute law (legislation) or principle of law that can be applied to resolve the case before the court.