...Principles of the Australian Parliamentary System Government)–!The!government!is!the!party!or!coalition!of!parties!that!wins!the!most!seats!in!the!House!of!Representatives! Parliament)–!Consists!of!a!group!of!elected!representatives!and!a!person!who!represents!the!Queens.!In!the!federal!parliament!that!person!is!the! Governor>General.!Parliaments!make!the!laws!for!a!country/state! Crown)–!The!monarch!is!represented!by!a!governor/governor>general.!Refers!to!the!position,!power,!or!dominion!of!a!monarch.!The!monarch!as! Head!of!State! Separation)of)Powers)–!The!three!branches!of!power!(executive,!legislative!and!judicial)! Federal)System)–!The!power!to!govern!is!divided!by!the!Commonwealth!and!states.! Bicameral)–!A!bicameral!parliament!consists!of!two!chambers!or!houses! Minister)–!A!minister!is!both!a!member!of!parliament!and!a!member!of!the!executive.!This!means!a!minister!is!usually!in!charge!of!a!government! department!that!is!responsible!for!enacting!the!law! ! Australian Parliamentary System Under!the!Australian!federal!system!of!government,!the!country!is!divided!into!states!and!territories!each!with!its!own!parliament!–!making!a!total!of!9! parliaments.! • Commonwealth,)6)States,)2)Territories! They! are! elected! by! the! people! and! represent! the! needs! of! the! people.! Members! are! also! responsible! to! the! parliament! and! the! people! for! their! actions.!The)APS)is)based)on)the)Westminster)system)that)was)adopted)by)the)Commonwealth)constitution)in)1900...
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...2012 Assessment Report 2012 Legal Studies GA 3: Written examination GENERAL COMMENTS The 2012 Legal Studies examination was challenging for many students. Many common misunderstandings about various aspects of the legal system were evident in responses to the examination. Few students were able to demonstrate knowledge of a directions hearing. Incorrect cases were used as examples of the High Court protecting rights. In Question 3a. few students correctly identified that the Court of Appeal was higher than the Supreme Court (Trial Division) in the court hierarchy. Many students had a limited understanding of the operation of section 109 of the Constitution and struggled to provide a thorough response to Question 3b. Students should become familiar with the study design throughout the year. Students are expected to demonstrate the ability to discuss, explain and evaluate. Students’ ability to evaluate requires more attention. Students should not rely on rote-learned or pre-prepared answers as they will rarely address the question. Time management was an issue in this examination, with many students writing lengthy responses to questions that only required a shorter response, therefore not allowing enough time for longer questions. A shorter question that asks for an outline (for example, Question 1a.) requires no more than one or two sentences in response. Good examination technique is essential and students should practise their technique throughout the year. If students continue...
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...Joshua Goode: 21148871 Question 1 All legal systems are conceived with the idea of providing a body of laws that are to be adhered to by nations and the individuals residing in them so that a sense of social order and growth can be achieved in a way that may ultimately lead to prosperity for the nation (Kritzer 2003) . Different countries employ many varied legal systems in an effort to ensure this stability and growth. Two such legal systems used by a great number of countries today are the Common Law and Civil law systems (DFAT 2012) . The origins of Common Law extend back almost a thousand years to the Middle Ages in England, and has slowly developed to become a widely used legal system all over the world, implemented in first world western nations such as Australia, America and Canada as well as developing economic powerhouses such as India (Kritzer 2003). The roots of Civil Law can be traced back even further to the accumulation of Roman law in the 6 th century CE. Much of Europe still uses the Civil law system as it has for hundreds of years. (Dainow 1996 ). As with all legal systems both Civil and Common law systems have their differences, which in turn makes up what you could call their strengths and weaknesses. The main difference between the two is how cases are decided within the system. The use of Common law sees cases decided mainly on the precedent of cases that have come before as will further be demonstrated whereas Civil law relies on the use...
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...The Legal System and ADR Analysis Xxxxxxxx Xxxxxxxx LAW/531 January 1, 2015 D The Legal System and ADR Analysis This report is prepared for John Smith the president of American Federal Mortgage, Ltd. It summarizes a lawsuit filed against American Federal Mortgage, Ltd. by Federal Resources, LLC. The two firms have been engaged in an ongoing business relationship for seven years. This report reviews: 1. How this case would be processed throughout the various legal phases of the Nevada court system. 2. How this case could be resolved using an Alternative Dispute Resolution (ADR). 3. A comparison of costs and benefits between the court system and using ADR. Parties American Federal Mortgage, LTD (AFM) a Nevada corporation. AFM is the defendant in this lawsuit. Federal Resources, LLC (FR) a Nevada Limited Liability Company. FR is the plaintiff in the lawsuit. History AFM has had an ongoing relationship with FR for seven years. The relationship is twofold: 1. FR is the overnight Repo lender for AFM. FR loans AFM up to a maximum of 90% of AFM’s daily note receivables that have not been pledged with AFM’s line-bank. The average amount of these daily transactions is between $800 thousand and $1 million. This Repo relationship is governed by a master-contract that was drafted by FR. 2. FR is the beneficiary of three long-term promissory notes from AFM. These notes had an original face value of $600 thousand and have a current principal balance of approximately...
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...Lawsuit in the Hospital It is an indisputable fact that health care business inherently carries a unique set of risks as a business organization; lawsuits by patients are common. What is not common is the fact that a trained professional who has sworn by the Hippocratic Oath to “do no harm,” would seek to file a lawsuit against a hospital because his service is no longer needed because of the new direction that the hospital is going (Grand Canyon University, 2011). To be fair, this physician is claiming an “injury.” It is also fair and true to say that this claim was made after this physician was notified that the relationship will be severed after four months. Due to the sequence of events and the circumstances of this case, any logical, objective, and fair-minded observer would question the underlying motive of this claim and, subsequently, its validity. However, since cases like this are not usually adjudicated in the moral court or court of public opinions, this facility is prepared to explore its options and seek resolution either through a formal arrangement, a formal institution, or a legal entity such as the following: Court of law, arbitration, mediation, and / or settlement. In order to make an informed and appropriate decision, it is not only necessary to analyze and fully understand each choice conceptually and practically, but it is also important to assess the pros and cons as well. Court...
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...needs to be made with fair and unbiased manner. If the jury decides unanimously that the boy is guilty he will be sentenced to death. However, if there is a reasonable doubt, the jury needs to reach a ‘not guilty’ decision, and the boy will be freed. A life and death decision needs to be made. The process whereby the difficult decision is reached illustrates a situation where a minority transforms the opinion of a majority by exerting persuasive tactics. The group is challenged by various opinions, intense frustrations, and lack of participation, stubbornness and indifferent attitudes. Throughout their deliberation, they fluctuate between difference, disagreement, controversy and contention. Their prejudices, personalities, cultural differences, weaknesses, priorities, socio economic, ignorance and fears often cause them to avoid the true issues of the case. This makes the jury find it difficult to reach its final verdict. At the beginning, The Judge gave the jurors a speech about their responsibilities in their deliberation. But he was not potent and forceful enough in his deliver, which was kind of boredom. This failed to convey to many of the jurors the importance of their role as a juror. When the deliberation starts, many of the jurors just want to quickly vote and end the discussion as fast as possible. ‘Let’s get this over with. We’ve probably got things to do’. Ball game, Garage There is no conflict evident in the jury room until the first vote is taken. It appears that...
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...Traditional and Nontraditional Litigation Paper University of Phoenix Business Law LAW 531 December 17, 2012 Traditional and Nontraditional Litigation Paper Issues happen in organizations everyday as well as in the personal lives of the citizens of the United States. Issues considered severe enough result in going through the court systems in which the plaintiff and defendant can argue about what happened and who is right and who is wrong. However, there are more than on way of settling disputes; there is the traditional litigation process and the nontraditional litigation process. Each process is effective just as each process is vulnerable as well. The following passages will explain the differences each process goes through, the advantages and disadvantages each process has as well as the nontraditional forms of Alternative Dispute Resolution (ADR). Traditional Litigation Traditional litigation consists of the defendant and plaintiff settling their differences in a court of law. The trial can be done with only a judge making the final decision or those involved can call for a trial by jury. In this case a selected jury will be the determining factor in the case. Each party has the choice of using an attorney or going on alone and doing by themselves. Court procedures will follow formal rules as well as civil, local, state and federal laws. Nontraditional Litigation Nontraditional litigation is better known as an ADR and according to Bondi (2010)...
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...‘The reforms of Alexander II weakened the Tsarist regime’, explain why you agree or disagree with this view. (25 marks) While in reign Alexander II introduced many reforms into Russian life, hoping they’d play a key part and influence society positively. Nevertheless, the majority of the reforms weakened the Tsarist regime showing that planning was not effective, and that many of the ideas had been rushed, for example, the emancipation of the serfs. The reform of emancipation weakened the Tsarist regime, and was the reform that showed the most cracks. The idea behind emancipation was to ensure that Serfs had freedom and were not tied down by the nobles. Alexander did this by giving the serfs their own land, although, on paper this looked like a positive reform in reality it was infact the complete opposite. The serfs had no money behind them, indicating that they would not make a profit on their land; the land they were given had poor soil. The Peasants had to pay for this land, often putting the majority in debt, and therefore, affecting the economy. As well as the Serfs being badly effected Alexander also upset the nobility because they no longer had the Serfs working for them, leading to a decline in their profits also. It was recorded that between 1877 to 1905 the number of landowners fell from 115,000 to 107,000 and land ownership fell from 2,000 to 144 million acres. The nobility were therefore, becoming a lot weaker and wanted to do something about it. They formed a commission...
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...The Irish Legal System Task 1 There are five different courts in the Irish legal system. They start with the District Court which is the lowest court and has the lowest jurisdiction and work up to the Supreme Court. The District Court has a limited and local jurisdiction. It can deal with claims of up to €15,000. It can hear cases like damages in tort, family law and some license applications. It also has a jurisdiction to sit as a Smalls Claims Court with max ruling being €2,000. The Circuit Court is the next court on the ladder it can hear appeals from The District Court. It can deal with claims up to €75,000. There is only a judge there is no jury in this court accept for cases of defamation. This court deals mostly with contract and tort law cases. The High Court is the next highest court and it hears appeals from The Circuit Court. It has an unlimited jurisdiction and the money that can be claimed is unlimited. It can hear cases in tort law and family law. There are 37 High Court judges. The Court of Appeal hears appeal cases from The High Court. It was established on 28th October 2014 and is placed between The High Court and Supreme Court. It hears cases that would before have been heard by The Supreme Court. When is session there are three judge who hear and decide the case. The Supreme Court is the final appeal in civil cases in Ireland. The court may agree with or reverse any decision made by a lower court or order a new trial. The Supreme Court hears cases...
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...Nontraditional and traditional litigation Lareina Mirabella Law/531 April 29, 2013 Mike Kelley Nontraditional and traditional litigation Traditional litigation is settling a dispute in a civil court system. This system could use trial with jury, and judgment. The traditional system is an adversarial system of justice and clients can be represented by lawyers who provide legal advice for their clients in the court hearing. The courtroom procedures may include a trial and abide by formal rules of governing civil procedures. A trial is part of the system. Alternative dispute resolution (ADR) is disputes outside the traditional litigation. Types of ADR’s are arbitration, negotiation, and mediation. These are all used to resolve disputes. The most common use is arbitration. Arbitration is made up of parties using an impartial third party known as arbitrator to listen to and decide on issues that are in dispute. This could include disputes over collective bargaining unit agreements, leases, and business contracts that include arbitration clauses. When an agreement is reached in arbitration a settlement agreement is written. All the parties must sign the settlement agreement then it is submitted to the court, and the case is usually dismissed. Negotiation may be the simplest type of ADR because it brings together everyone to resolve the issue. When negotiation is used the parties will reach a voluntary settlement with discussions. Negotiations can take place from before lawsuit is...
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...Trade Union Decline: Australia Sarah Jury An essay discussing the factors contributing to the steady decline in trade unionism in Australia since the 1980’s and the relevance of unions to workers today. M G T S 2 6 0 7 : E m p l o y m e n t R e l a t i o n s W o r d C o u n t : 1 9 8 2 Sarah Jury Trade Union Decline in Australia 42395582 There has been a dramatic decline in trade union membership rates across Australia since the 1980s. In 1986, 46% (or 2.6 million) of employees were trade union members; this figure has steadily declined to 19% (or 1.7million) of employees in 2007 (Australian Bureau of Statistics, 2009). By May 2010 trade union membership had fallen to a record low of 18% (or 1.84 million) of employees and remained steady for the past 3 years (Australian Bureau of Statistics, 2013). This essay aims to highlight the factors that have played a significant role in the steady decline of unionization in Australia. It focuses on the changing composition of the labour force, the change in governmental policies, the newly empowered role...
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...discovery stage. The process of discovery begins as each side takes steps to discover information relevant for trial. Discovery can be long and tedious. Each side produces a list of documents relevant to the case. This process can be time-consuming to business owners, manager, and employees as documents are sifted through and copied. All communication flows through the lawyers of one side to the other. Depositions are requested of any parties that may have knowledge pertaining to the lawsuit. Lawyers for present at the depositions to ensure their client’s legal rights are not violated. Each step takes time as parties are provided with sufficient time to answer each step. The discovery process allows each side to see their opponent strengths and...
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...12 Angry Men Submitted by: Pam McDonald E-mail: Pam_McDonald@nifc.blm.gov Phone: 208-387-5318 Audience Rating: Not Rated Released: 1957 Studio: United Artists/MGM Genre: Drama Runtime: 95 minutes Materials: VCR or DVD, television or projection system, Wildland Fire Leadership Values and Principles handouts (single-sided), notepad, writing utensil Objective: Students will identify Wildland Fire Leadership Values and Principles illustrated within 12 Angry Men and discuss leadership lessons learned with group members or mentors. Basic Plot: The jury of twelve 'angry men,' entrusted with the power to send an uneducated, teenaged Puerto Rican, tenement-dwelling boy to the electric chair for killing his father with a switchblade knife, are literally locked into a small, claustrophobic rectangular room on a stifling hot summer day until they come up with a unanimous decision - either guilty or not guilty. The compelling, provocative film examines the twelve men's deep-seated personal prejudices, perceptual biases and weaknesses, indifference, anger, personalities, unreliable judgments, cultural differences, ignorance and fears, that threaten to taint their decision-making abilities, cause them to ignore the real issues in the case, and potentially lead them to a miscarriage of justice. (http://www.filmsite.org/twelve.html) Cast of Main Characters: Martin Balsam Juror 1 (Foreman; coach) John Fiedler Juror 2 (Bank clerk; inexperienced...
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...Traditional and Nontraditional Litigation Paper Traditional Litigation System The traditional litigation system works to resolve disputes using the civil court system and may include aspects such as a trial, jury, and discovery. This system utilizes an adversarial system of justice that includes attorney’s representing clients. Attorneys provide legal advice by representing the positions of their clients through court hearings and procedures. Courtroom processing’s including a commencement of actions including a trial, all of which are administrated by detailed and formal rules of civil procedure. A trial in the traditional litigation system Nontraditional Litigation System The alternative dispute resolution (ADR) is another method to resolving disputes other than the traditional litigation system. Different forms of ADR exist to include arbitration, negotiation, and mediation hence all of which work to resolving disputes. The most common form of ADR is arbitration which can be compared to and contrasted to the traditional litigation system. Arbitration consists of parties using an impartial third party known as an arbitrator to listen to and decide upon issues up for dispute. Examples of issues that may require a third party to resolve a dispute include issues pertaining to labor union agreements, leases, franchise agreements, and other commercial contracts that may include arbitration clauses. When an arbitration clause does not exit, disputing parties can enter...
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...Task 1 - Modes of Enquiry a) Briefly describe the main similarities and differences between different modes of enquiry (for example; analytic-deductive, systems thinking; and inductive-consensual). b) Using ONE of the methods of enquiry develop a plan to show how you will carry out the research for Tasks 2 and 3. c) Provide a short summary justifying method of enquiry and identifying the strengths and weaknesses of your approach. (Approximately 1200 words) WORD COUNT: 1245 words An Enquiry System is a system of interconnected components for stimulating knowledge on a problem or issue of importance . An enquiry system is composed of inputs, processes and outputs, which can be further defined by two categories; Simple/Old Thinking and Complex thinking. Simple/old thinking is broken down into inductive-consensual and analytic-deductive, whereas Complex thinking consists of dialect thinking and multiple realities. Inductive-consensual is the classic way of knowing. This enquiry involves limited observation on any situation, but is capable of observing its own process by means of reflection. “Inductive – Consensual enquiry derives a conclusion from a limited set of observations which may be: Analogous (for e.g. ‘the situation was a bit simpler than this one but a little more complicated than that one’) Historical (for e.g. ‘in the past the answer has always been such-and- such within those tolerances’) Multiple independently sourced (for e.g. An average derived...
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