LS101 Lecture Notes - Lecture 5: Racial Discrimination Act 1975, Chinese Immigration Act, 1923, Social Stratification
Document Summary
Dispute: conflict of claims and rights - an assertion of right, claim, or demand on one side, met by contrary claims on the other. Adjudication: when a judge renders the official judgement of the trial court in a civil or a criminal case as to the defendant"s guilt or innocence. Unlike legislative and administrative bodies, courts don"t place issues on their own agendas. Courts are passive, they must wait until matters are brought to them for resolution. Passivity of courts places the burden on citizens or organizations to recognize and define their own needs and problems and to determine which require legal judgements. This method of acquiring cases assumes that each indiv. will voluntarily and rationally pursue their own interests. Courts differ from other kinds of dispute-regulation methods in that they are available to all members of society. Role of courts is to interpret and apply law. Judicial interpretation of law is expected to be impartial.