legal system – used in many countries like Australia‚ New Zealand‚ USA‚ Canada 2. Describes laws made by judges in trials (Precedents) Origin of Common Law: William the conqueror took power in England in 1066 Judges were sent out on circuits visiting villages and hearing cases From time to time‚ the judges would meet and discuss the cases they heard The idea of precedents developed Judges should be consistent when hearing similar cases; this is seen as just and fair. In the 14th Century
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What might this say about my character and the character of my company • Ethics Triangle o Character o Rules o Consequences • Rules o Laws (statutory law‚ case law‚ contracts‚ local‚ state‚ national‚ international) o Company policies and precedents o Professional codes (GAAP‚ American Marketing Association codes‚ etc.) o Rights (civil‚ human) o Social norms o Moral Laws (eg‚ Golden Rule) o Religious laws (where applicable) o Standards of “common decency” (telling the truth‚ treating
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instrument of the state for the administration of justice. State is a larger body consisting of the entire population but government is smaller body consisting of few persons. Organs or wings of government and their functions According to the doctrine of separation of power propounded by French scholar Montesque‚ government powers(law making‚ execution and adjudication) must be separated and must be vested in three different bodies; Legislature(law making); Executive(power to implement and execute
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Unit 3 AOS 1‚ 2 & 3: AOS: Parliament and the citizen 1 Principles of the Australian parliamentary system: Representative government‚ responsible government and the separation of powers 1 Representative government Central to Democracy‚ because Government is formed by the political party with the majority of seats in the lower house‚ it represents the views and values of the majority of people. If the Government fails to represent the views of the majority adequately‚ the electoral
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structure with this England developed a doctrine of binding precedent (doctrine of stare decisis Latin for "to stand by decided cases") meaning‚ when cases are being tried judges are bound by decisions of superior or equal court status within their jurisdiction and they must check for previous similar cases for precedents set by either equal or superior courts and should obey/follow this precedent. In the case where the precedent is from an inferior court precedent can be taken into account but doesn
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Year 12 Legal Studies Exam Notes YEAR 12 LEGAL STUDIES NOTES UNITS 3 AND 4 Year 12 Legal Studies Exam Notes AREA OF STUDY 3 LAW-MAKING Year 12 Legal Studies Exam Notes AREA OF STUDY 1 PARLIAMENT AND THE CITIZEN Year 12 Legal Studies Exam Notes The Principle of Responsible Government • Our government is answerable and accountable to parliament‚ therefore to the people • It must act fairly and responsibly • If it doesn’t it will lose the support of the parliament/people and
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Chapter 1 The Legal Environment N.B.: TYPE indicates that a question is new‚ modified‚ or unchanged‚ as follows. N A question new to this edition of the Test Bank. + A question modified from the previous edition of the Test Bank‚ = A question included in the previous edition of the Test Bank. TRUE/FALSE QUESTIONS 1. There is really no reason to be acquainted with business laws and government regulations‚ except to pass this test. ANSWER: F PAGE: 3 type: N BUSPROG: Reflective AICPA:
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Chapter 1 Introduction to Law and Legal Reasoning TRUE/FALSE QUESTIONS A1. The stability and predictability of the law is essential to business activities. ANSWER: T PAGE: NAT: AACSB Analytic B1. 2 TYPE: AICPA Critical Thinking = An important function of the law is to provide jurisprudence. ANSWER: F PAGE: NAT: AACSB Reflective Thinking 2 TYPE: AICPA N Critical A2. Law is a body of enforceable rules governing relationships among individuals and between individuals and their society. ANSWER: T
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Parliament and State Legislative Assemblies as well as subsidiary legislation. On other hand‚ unwritten laws refer to the law that has not been formally enacted. The unwritten law consists of case law which is decisions of the superior courts which are binding on the lower courts‚ customary law which is local customs which have been accepted as law by the courts and applicable principles of English common law and equity. In my opinion‚ written law is the more important source of laws. It refers to the laws
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to other courts. One reason for this is if you are unhappy with a decision from a particular court you can appeal your case to a higher court. Another reason for the existence of the court hierarchy is the doctrine of precedent. This allows courts higher in the hierarchy to create a precedent that all lower courts must follow‚ making sure all cases are heard in a similar manner. Another reason for the existence of the court hierarchy is specialisation. This means the courts are able to specialise
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