sources of law Essay

Submitted By Maddie-Richards
Words: 976
Pages: 4
Open Document
Part I: The legal system

Principal focus:
Students develop an understanding of the nature and functions of law through the examination of the law-making processes and institutions.

Sources of contemporary Australian law common law
Students learn about Description including main characteristics/features
British origins of the Australian Legal System including the development of common law

Students learn about:
Definition
Relevant examples or IDMLC equity The body of law that supplements the common law and corrects injustices by judging each case on it’s merits and applying principles of fairness

precedent

A judgement that is authority for a legal principle and that serves to provide guidance for deciding cases that have similar facts.

Description including main characteristics/features adversarial system of trial

Is the English system of law that influenced the Australian court systems. In the trails the two sides of a case try to prove to an impartial judge that their facts are strong enough to disprove the other teams evidence. The defendant doesn’t have to prove anything and they are assumed innocent till proven guilty. This system is used in countries like Australia, United Kingdom, America and Canada. The two sides are called the defence and prosecution and they each have lawyers that represent their client for each side. These lawyers do most of the talking in a court case and it’s their job to present the evidence to the judge or jury. The judge or jury then make an impartial decision on whether the accused it guilty or not. court hierarchy
Is when different courts have certain power over other courts. All courts have the power to hear a case for the first time. Some courts can also hear appeals from lower courts. This means that a decision from a lower court can be appealed if the losing party feels there has been an error in the lower court’s legal reasoning. However a decision made from a higher court can not be appealed to a lower court. jurisdiction of state and federal courts
Each court has it’s own jurisdiction (an area over which it has authority), but it only covers the area of which each court controls. The higher courts can influence the lower courts decisions, while the lower courts can’t have any say in what happens in courts higher than them.
Students learn about
Statute Law Description including main characteristics/features role and structure of parliament

Parliament debates proposed legislation , passes or rejects it and amends legislation. All states and territories expect Queensland, are bicameral (which means that they have two houses) the upper and lower houses. The federal Parliament two houses are called the Senate (Upper House) and the House of Representatives (lower House). The political party that wins the majority of seats in the lower house forms the government. These parties then unite to form a government such as the Liberal – National Coalition. The political party who has the remaining seats in the lower house form the opposition. Ministers are those members of the government who have a special responsibility for a department eg. Minister for Education. These ministers then form a cabinet, the minister make decisions on policy and laws to be drafted for consideration by parliament.
Legislative process – how legislation is made/amended

A law starts of as a bill, which is introduced by a minister who are responsible for preparing the bill. The bill is then put forward to the House of Representative where it discussed between it’s members and goes though several stages. It first has to have it’s First Reading where the bill is read aloud and each member receives a copy of the proposed bill. The second reading is when the minister who
Show More

Related Documents: sources of law Essay

What Are The Primary Sources Of Law

and the Law Introduction Laws are created to regulate behaviors of people in society so that it can run effectively. They ensure fairness and consistency to all. Laws also play an important part in business. Laws help business operations run smoothly and efficiently. Primary Sources of Law There are different types of laws known as primary sources of law. The first one is Constitutional law. It is the foundation for all other law in the United States and is the supreme law of the…

Words 835 - Pages 4

The Binding Sources of Law in Modern Ireland. Essay

discussing the sources of law in modern Ireland, two sub-categories always spring to mind. Firstly, the persuasive sources of law which do not always have to be followed. Contrasting with these are the binding sources of law, which are always enforceable. I will focus on and discuss the latter throughout this paper. I will compare and contrast the binding sources of law in the following categories; Common law, European law, Constitutional law, Legislation, Jurisprudence, Custom. “Sources of law are the…

Words 966 - Pages 4

‘Write a Short Essay Critically and Concisely Discussing the Binding Sources of Law in Modern Ireland.’

binding sources of law in modern Ireland.’ Binding sources of law in Irish law are the sources created by the binding authorities, that is to say the rules which must be followed in adjudication. Adjudication is the fact that the judicial decision is binding on the parties involved in a case. Binding authorities must be distinguished from persuasive authorities. Sources coming from persuasive authorities can eventually be followed in certain circumstances. There is a hierarchy in the sources of Irish…

Words 1383 - Pages 6

Role and Functions of Law Essay

Functions of Law Eduardo Aguayo LAW 421 September 18, 2014 Richard Burgoon Role and Functions of Law In the introductions of law, we study what are the purpose and the importance of this science to people and businesses. In this essay I will cover the first most important aspects of the introduction to this science discussing terms and ideas of the roles and functions of law. The term law, throughout history, has been defended in a variety of ways. The most generally definition of the law is a body…

Words 1331 - Pages 6

Tax Position Paper

In these cases it is important to examine why the position is being taken and what laws, regulations, and so forth support the position being taken. This examination includes a review of the sources of tax laws relevant to the position, substantial authority, and how the IRS and the courts may come into play in the case of a dispute or audit. According to the university of Texas website, primary sources of tax law include, “The Internal Revenue Code, which is Title 26 of the United States Code; Decisions…

Words 785 - Pages 4

Business Law week 1 Essay

common law? U.S. legal system was formed under the laws of the Anglo-Saxon legal family, so the main source of law it is considered a legal precedent. Precedent called the court's decision in a particular case shall become effective source of law, which is receiving the ability to set, modify or revoke the legal norms. U.S. common law suggests the existence of a hierarchy of precedents on which decisions taken by higher courts is binding in cases before the lower courts. U.S. common law system is…

Words 1057 - Pages 5

Muhammad and Sharia Essay

is the Sharia and what are its main sources? Sharia in it most general term is the law of the religion Islam. The meaning of sharia is first given in surah 42 verses 13 in the Islamic Holy book, the Qur’an. In this verse the word sharia was given the meaning to ordain or prescribe law, this is not any law but the law set by god in the Qur’an. Sharia is also founded in the Qur’an in surah 5 verse 48; it is written “to each among you We have Prescribed a law and a clear way”. From this it is evident…

Words 1134 - Pages 5

Essay on On The Law s Reflection of Morality

title) What is the connection between morality and legality? Our laws are based on society's values and concerns; that is to say that our laws reflect the public's perception of what is right and just; it is morally wrong to steal, we all recognize, so thieves are arrested and penalized. In general then, the law is indeed a reflection of the public's sense of morality. (Good intro, but use only one semi colon per sentence, please) Laws, of course, change over time and from place to place. So does that…

Words 688 - Pages 3

Hammurabi Themes

The theme that is present throughout the three sources is the junction of modernity and antiquity. The sources being utilized to explore the topic of this paper are The Code of Hammurabi, which acts as the primary source when discussing the theme as well as two secondary author’s interpretations, summarized, including “The Age of Hammurabi” by James H. Breasted, which focuses on the context and painting a literary picture of the time frame of Babylon and “A Modern Hammurabi” by Sabatino Moscati which…

Words 772 - Pages 4

how far does source 2 challenge source 1 and 3 in their views about the workhouse? Essay

for parishes to support local paupers with ‘outdoor relief’. Source 2 is a sign from a workhouse, which makes it appear a welcoming place, greatly contradicting the other two sources – the anti-Poor Law poster and an extract from a contemporary novel – in many ways, but also paralleling in some aspects. The source is from 1776 – this was around the beginning of the Industrial Revolution and over half a decade before the new Law was passed - a completely different time with more money available…

Words 371 - Pages 2