Hi everyone! I am going to share something which I have learnt in the Business Law in the last 2 weeks. I know that I am not the best student in holmesglen, but I am willing to communicate with you all.
Here is what I have learnt in the past 2 weeks. If you have questions, please ask me, and we can discuss. Thanks
Business law (week 1&2)
The nature and concept of law
The Australian Constitutional System
Sources of Law
Statute Law and Judge Made Law
Precedent & hierarchy of Australian Courts
Classification of law and legal proceedings
Alternative methods of dispute resolution
Nature of concept of law( Natural law, Religious law, Customary law ,“positivist” definition of law)
Constitutional system of Australia:
Created the Commonwealth Constitution
Established the Commonwealth Parliament
Created the High Court of Australia
Converted the six independent colonies into “states” in a federal system of government
This was the commencement of “federation” and establishment the two separate levels governments commonwealth and states.
Three branches of the government:
Legislature(parliament) makes the law(statutes)
Executive administrator the law made by parliament
Judiciary(courts) interprets the law.
Can the commonwealth constitution be changed?
The commonwealth constitution: section 44 requires the Australian electorate vote yes/no to the proposal.
The requirement is: the majority of all voters and a majority in at least 4 states.
Sources of law:statute law(laws made by parliament)
Judge made law( common law/equity)
How statutes/acts of parliament made?
Bill presented & discussed 3 times in lower and upper houses. Called “READINGS”
If approved signed by governor-general (Royal assent from crown)
Published in commonwealth government Gazette
Some process as commonwealth but with approve and signing by Governor.
Roles of courts & interpretation of statutes:
It is the role of the courts to apply common law and equity law in cases.
It is also the role of the courts to interpret, apply and enforce the various statute law passed by parliament.
Courts use various aid in applying the law including:
Roles of statutory interpretation
Maxims of interpretation
Hierarchy of the states/Territory courts:
Courts of appeal (surname court)
Surname courts (single judges)
Direct courts/country courts
Local courts/magistrate courts
There are also various state/territory tribunals
Doctrine of precedent (stare decisis)
Similar cases decide in similar ways.
Decisions of higher courts bind lower courts in the same hierarchy in cases identical /similar facts
Ratio decidendi: reasons given by the judges, only binding part of the decision.
Obiter dictum/data: passing comment-statement that was not strictly necessary for the decision but influential if judge is very senior.
Classification of law & legal proceedings:
Public laws (constitutional law, criminal law)
Private laws (contract laws, torts)
Civil laws (contract laws, torts)
Criminal laws (summary and indictable offences)
Alternative dispute methods:
Methods used to avoid/limit costly court proceedings