Discuss how the present Australian system of law originated, and identify the essential features of this system Throughout legal studies, students covered Australian system of law, how it originated and the essential features of this system. Laws are defined as principles and regulations which a particular country or community are entitled to follow. In today’s modern world law regulates almost every aspect of our daily life. Law is created throughout parliament and is considered a dominant source where elected politicians make laws. Judges also make laws through their decisions in court cases. Local councils and public servants also play a major role in making and administering laws. A range of people such as the police administer and enforce laws. These various sources mentioned above fit together to create our legal system. If laws are broken in a particular state then the offender may be penalized according to the laws and rules set in that precise area. Every country or states have their own set of jurisdictions in which every citizen in the region is obliged to follow. In Australia, laws are created by the house of parliament which is then placed in the constitution. The constitution is a set of rules that may apply to a social club, a large-scale organisation or even a nation. 1 Legal processes and practices In Australia today, originated from England. In 1788 when the British came to Australia they brought with them common law, which is known as laws that applied in Britain. Australian laws have evolved from both common law and statue law. Common law refers to laws made by courts whereas statue law refers to laws made by parliament. Each colony had a governor appointed by British Parliament. These governors followed the British legal system and were not answerable to anyone within Australia.2The common wealth Parliament has a very similar structure due to the fact that it contains two houses which are the house of representative and the senate. The House of Representatives and the British House of Commons have a strong sense of resemblance as the members both represent communities with in the country. Whereas the Senate does not resemble the House of Lords, instead the senate represents each state and territory in an equal manner, regardless of the population, so that lower populated states or territories are not disadvantaged by the laws passed by the lower house. Each state has six senators appointed to represent them and each territory has two. Free settlers began to request their own government in the early 1800s. Due to this in 1850 the British parliament granted the state’s power for self-government. The legislative Assembly and the legislative council were established in 1855 as the two houses of parliament. In the ensuring years, other colonies followed, and established two houses of parliament. During this moment in time only men who owned estate were allowed to vote meanwhile the women and the unemployed men were not. After the formation of colonial government, the states came up with the idea of federating. This involved merging the colonies into a single nation3. On the 1st of January Australia became a federation and established a government that would represent the nation as a whole. The six states of Australia became state governments with their own parliamentary capabilities. The Australian Capital Territory became a self-governing area, but its legislative power still belonged to Australia parliament. Throughout 1911, the northern territory split from South Australia only to become self-governing, but its legislative powers also lie with the Australian parliament. International law is the set of rules generally regarded and accepted as binding in relations between states and between nations4.International law enables nations to participate in trade as well as commerce and provides mechanisms for the maintenance of security as well as peace and decrease the levels of conflict. The adoption of…
COMPANIES & PARTNERSHIP LAW
When an outsider contracts with an existing company through an agent of the company, they have very little recourse of the company refuses to accept liability for the contract.
It is not common that companies execute their contracts by using an agent rather than contracting by themselves and therefore an agent works on behalf of the company (S.126). However whether an agent could enter into a particular contract depends on the authority…
nuestra verdadera morada porque nos da amor, paz y protection para seguir adelante.
We live in satans system and he is doing all he can to destroy our loyalty to Jehovah, specially with the ministry. And yet here we are and we continue to go forward specially with our ministry. And we all know that without Gods help we will not be able to do it, because satan will not let us, so we can see how our God Jehovah is helping us to accomplish this. He is truly our place of dwelling, as he gives as love…
This is where you start your paper. It is called the Introduction. The introduction introduces the topic of your paper to the reader. This is where you present your thesis. Your thesis tells the reader what you think or how you feel about a topic. You must support your thesis with examples. An example of this: “Using Public Transportation is more economical, environmentally friendly and socially conscientious than owning a car.” In the…
Legal Notes Yearly exams Year 11
The legal System- Topic 1
Rules-set boundaries of behaviour to certain groups
Laws- sets boundaries of behaviour to everyone
Anarchy- Rules are not applied to communities
Fairness- Treating people how everyone believes they deserve to be treated, taking into account differences.
Justice- Appropriate punishment applied to criminals etc.
Custom- How people act, do things etc.
Sanction- Consequence of something. A punishment
Morality- What we…
Business Law Midsem Revision Chapters 1-10
Chapter 1 – Introduction to the Australian Legal System
Common Law - When an issue goes to court and there is no statute that covers it, a judge will hear the case and issue a verdict. The record of this verdict becomes a precedent so that when similar cases arise, other judges may take into account the penalty previously issued. Previous judgements therefore form the basis for common law.
Law is the body of principles or rules made by parliaments and the…
Evaluate the effectiveness of the Adversarial system in achieving Justice
The adversarial system of trial was developed by the British in 1743 as a system of trial. The adversarial system was adopted by Australia. Australia adopted this system of trial as Britain colonised Australia in the 19th century. Britain brought with it a system of law known as ' common law' ". As the name suggests, the adversarial system in Australia refers to a method of trial, which involves contestants or adversaries…
Understanding the Australian
Chapter 2 | Understanding the Australian
The Australian Constitution
The Australian Constitution
Understanding the Australian
Structure of the Australian
Federal / State relations
Federal Parliament only
Federal and State
State Parliaments only
Intro to Law Assessment 1 – Essay 35%
To what extent did the concepts and institutions of the Western legal tradition influence the colony of New South Wales and, ultimately, the development of the Australian legal system?
The concepts and institutions of the Western legal tradition, namely common and statute law, the court system and the Bill of Rights, influenced the colony of New South Wales, and ultimately, the development of the Australian legal system to a great extent. Although the concepts…
There was a major change for Australian Consumer Law. Within this paper, the differences on the old and the new system will be discussed further.
Australian Consumer Law is a single national law, which is, applies in all jurisdictions, to all business and to all industry sectors. The ACL also represents a new approach to considering consumer policy issues, with the Australian Government and the States and Territories working closely together to consider develop and implement changes…