... . Since 1980 the decisions of the High Court have been elevated to a level of intense scrutiny and commentary. Like all cases in the Australian judicial system, each judgment has winner and a loser. However, given the importance of the High Court, the winners and losers of the ... of the Commonwealth compared to the States. In recent times the High Court has played an active and even controversial role in the history of the Australian legal system. The creation of a federal system presupposes the establishment of a judicial umpire to regulate the constitutional relationship between the ...

• Word Count: 1774
• Approx Pages: 7
• Grade Level: Undergraduate

Crime, criminality and colonialism are all intricately tied together in the Australian Indigenous context. To understand the nature of crime and criminality as it exists today one must understand the context of the history of colonialism and how it relates to both past and present crime. The underlying theme that inextricably bonds the three together is past and present law. It ... (Behrendt, 2009, p.31) 'separation from the primary care giver can give rise to problems of attachment and the development of psychiatric disorders'. A documented survey by the Western Australian Aboriginal L...

• Word Count: 2489
• Approx Pages: 10
• Has Bibliography
• Grade Level: Undergraduate

... to be failing to met these needs (Johnson 1994-2000, date accessed 30 May 2001). The High Court has been passing through one of the most activist phases in its history. It has rewritten areas such as equity and torts in the context of common law (Craven 1999:11). Its activist decision in the case of Mabo v. Queensland has caused much ... controversy amongst Australians. The decision that Australia was not a land belonging to no-one brought up many racial issues and created the Australian Doctrine of native title. These decisions have been called activist because they were not made abidi...

• Word Count: 1578
• Approx Pages: 6
• Has Bibliography
• Grade Level: High School

... in Australia back about 50,000 years. It has been estimated that between 300,000 and 750,000 Aboriginal people were living in Australian in 1788. Each group had spiritual and economic links with particular areas of land. These groups had well defined rules which regulated the ... relation to which no pre-existing native title interest existed. Indigenous people subject to introduced law It was established fairly early in the colonial history of New South Wales that the laws introduced by the British colonists applied to Aboriginals as fully as to the non-Aboriginal colonists, ... benefit...

• Word Count: 2257
• Approx Pages: 9
• Grade Level: Undergraduate

Euthanasia I. A. Thesis a. Achievement of social and legal acceptance of total self-determination for dying. b. Liberty is the right to define one's own concept of existence II. A. History of euthanasia a. Euthanasia Society of America, 1938 b. Society for the Right to Die B. Court cases a. Compassion in Dying v. Washington b. Quill v. Vacco c. Death With Dignity Act, Oregon 1994 C. Facts on euthanasia ... death by euthanasia b. 1,040 died involuntarily c. 14% of the 1,040 were completely competent E. Laws are safeguards for us. a. Reason for Prohibition b. Restrictions used for our safety. ...

• Word Count: 1318
• Approx Pages: 5
• Has Bibliography
• Grade Level: High School

... trial were related to the Corroboration warning and the fact that certain elements of her past sexual history were apparently still admissible. Kathy Mack (1998) cites the "Corroboration caution" as being of major concern. The ongoing use of this, despite being legislated against in all Australian states except Queensland, creates an impression that complainants have not been truthful in their testimonies. She ... the opportunity to emphasise the importance of judges being aware and following the law in this area (1994, p190, cited in Easteal 1998, p62). The admissibility of a complaina...

• Word Count: 2453
• Approx Pages: 10
• Has Bibliography
• Grade Level: Undergraduate