Legal Summary Notes Principles of the Australian parliamentary System Representative government- means that the government must represent the views and interests of the people who voted them in. if they fail to do so then they will not be elected the next time‚ or could be kicked out of the parliament by the Governor General. Responsible government- the government must be answerable to the people and the parliament for its actions. If they fail to do so then they won’t be re-elected. Separation
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The court system in Malaysia‚ was last restructured by the Constitution (Amendment) Act 1994. The present court structure‚ which has been in force since then‚ is as follows: The Federal Court stands at the apex of the Malaysian court system. It is headed by the Chief Justice. Below the Federal Court is the Court of Appeal. This court is headed by the President of the Court of Appeal. Below the Court of Appeal are two High Courts with co-ordinate jurisdiction. One is the High Court of Malaya which
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SOURCES OF LAW All the sources have a relevance to the operation of business and management which means that managers and employees have to be aware of them and their different features. PRINCIPAL FEATURES 1. STATUTE. law made by the Government known also as legislation and statute. a. This is law made by Parliament. A Bill goes through several procedures and debates in Parliament and when it is finally agreed it receives the Royal Assent. This is now a formality as our system of government
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Table of Contents Introduction 2 Proceedings 2 The evidence 3 Precedents set by tribunals 6 Conclusion 6 Corporate & Business Law Introduction An Employment Tribunal would hear claims regarding matters to do with employment. These could include unfair dismissal‚ discrimination and redundancy payments. An employment tribunal is similar to a court but it is not as formal and it must act independently. These are commonly open to the public. Employment tribunals are independent judicial
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complicated than the simplified system described above. The decisions of a court are binding only in a particular jurisdiction‚ and even within a given jurisdiction‚ some courts have more power than others. For example‚ in most jurisdictions‚ decisions by appellate courts are binding on lower courts in the same jurisdiction and on future decisions of the same appellate court‚ but decisions of lower courts are only non-binding persuasive authority. Interactions between common law‚ constitutional law‚ statutory
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Principles of English Law and Customs law. Judicial decisions using the systematical method called `doctrine of binding judicial precedent` at the High Court‚ Court of Appeal and the Federal Court followed by Supreme Court can still be found in Malaysian law. Nevertheless the decisions made by Federal Court and Judicial Committee of the Privy Council are still binding on the present court. Binding or
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Judicial Precedent (Case Law) The nature of judicial precedent In examining the development of our law reference was made to the role played by the judges in its evolution‚ the common law and equity being the product of judicial reasoning in that they have both evolved through the system of case law whereby law is made for the purpose of the decision of the specific case before the court. It is natural that if a similar dispute should arise again then the previous decisions should be used as
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this situation‚ first we need to identify if there is a legal binding contract‚ a contract is a agreement which the law will enforce‚ a contract is a part of common law‚ common law is also called custom law‚ it is made by the judge to protect the community against the crimes‚ when an issue goes to court and there is no statue law 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
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the Danelaw and the law of Wessex)[43] as the king’s judges followed each other’s decisions to create a unified common law throughout England. The doctrine of precedent developed during the 12th and 13th centuries‚[44] as the collective judicial decisions that were based in tradition‚ custom and precedent.[45] Common law‚ also known as case law or precedent‚ is law developed by judges through decisions of courts and similar tribunals‚ as opposed to statutes adopted through the legislative process orregulations issued
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The plaintiff‚ Francis Hannigan‚ filed a motion to the Supreme Court of NSW pleading that the defendant‚ Inghams Enterprises‚ entered into a binding contract on the terms of a draft contract supplied to Mr Hannigan by Inghams Enterprises. Originally‚ Mr Hannigan entered into a contract with a company called Sunnybrand Chickens. As part of the contractual agreement‚ Hannigan would grow chickens on behalf of the suppliers on his farm property for the sole purpose of commercial trade. In 2011‚ Sunnybrand
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