Question 1 a) The legal fiction upon which Australia was founded refers to the British doctrine‚ “terra nullius”. The phrase translates to “land without ownership”. When Australia was founded‚ even though the colonisers acknowledged the presence of the Indigenous they considered the Aboriginals too primitive to be actual owners. The Aboriginals were considered too primitive with no identifiable hierarchy or political structure. This legal fiction had a significant impact on Australia with the
Premium Common law Australia Stare decisis
Queen in Parliament" in which he played a role in the legislation concerned with his approval towards a bill that was enacted by the parliament. The Queen also serves as chairman of the State (executive). In generally‚ the Queen has a very limited jurisdiction in the constitution. Most executive roles held by the Prime Minister. It is called a rubber stamp. The role of the monarch in parliamentary system is merely symbolic and
Premium Separation of powers Prime minister Parliamentary system
PinoyLaw.Net Notesbank Nachura Notes – Administrative Law (Kiddy) I. GENERAL PRINCIPLES Administrative Law - Branch of public law which: Fixes the organization Determines the competence of administrative authorities Indicates to the individual remedies for the violation of his rights. Kinds 1. 2. 3. 4. Statutes Rules‚ regulations or orders Determinations‚ decisions and orders Body of doctrines and decisions Administration 1. as a Function – the execution‚ in non-judicial matters‚ of the
Premium Administrative law Law
every two weeks. It is not mandatory for a patrol unit to always be available in a jurisdiction for an emergency. But‚ most jurisdictions want there to be one unit free at all times. A crucial factor is community demand for neighborhood deployment. Neighborhood deployment means that “the direction of patrol resources needs to be responsive to the particular requirements and demands of a subdivision in a jurisdiction. At often times‚ jurisdictional subdivision is classified as a neighborhood. Jurisdictional
Premium Police
Equity Definition of Equity The term ‘Equity’ is used in various senses‚ out of many the main four senses in which the term is used are: - 1. Literal senses 2. general senses 3. roman senses 4. English senses. 1. Literal senses:- Its sole aim may be to do justice to the parties in a case characterized by a configuration of facts unlikely ever to be repeated in reality in the same or similar way. The literal meaning given to equity is “right” as founded on the laws
Premium Common law
but the ultimate power is his.40 As Commander-in-Chief‚ he is authorized to direct the movements of the naval and military forces placed by law at his command‚ and to employ them in the manner he may deem most effectual.41 (Emphasis supplied) Jurisdiction over cases for crimes or offenses covered by the Revised Penal Code such as murder and those that are not service-connected by members of the Armed Forces of the Philippines is under the civil courts. Section 1 of RA 70552 enumerates the service-connected
Premium Military Armed forces United States Constitution
• The HC was given original jurisdiction by s.75 of the Cth Constitution to judicially review (to issue writs) decisions made by officers of the Cth. However‚ it is not easy to get to the HC – it reserves itself for important decisions. • The Federal Ct was created in 1976 to relieve the workload of the HC and today nearly all judicial review applications go firstly to the Fed Ct. THERE ARE TWO WAYS OF GOING TO THE FEDERAL CRT: 1. Common law jurisdiction (given to it by s.39B of the Judiciary
Premium Statutory law Supreme Court of the United States Decision making
Maritime Sales Contracts Contracts between vessel owners and charterers concerning the water transportation of goods are technically known in admiralty law as "contracts of affreightment". The charterer agrees to pay a freight charge for cargo space. The voyage‚ amount of cargo space‚ and time of delivery will all be covered by the contract. One common type of contract is the “voyage” charter. This type of charter usually concerns the hire of a vessel‘s entire cargo space for one or more specific
Premium Ship Contract Law of the sea
contained in legislation. Mrs.Nkosi must consult this source that is also binding ANSWER 3. Previous conviction of the same crime‚ seriousness of the offence and prevalence of the offence in the courts jurisdiction. ANSWER 4. Application: parties- applicant and
Premium Law Common law
and Game (DFG) Warden. On the federal level agencies such as the Federal Bureau of Investigation (FBI)‚ the Drug Enforcement Administration (DEA) and the Bureau of Alcohol‚ Tobacco‚ Firearms and Explosives (ATF) are accountable for all federal jurisdiction. Briefly‚ this report will outline the various perspectives of policing as they apply to the various agencies of law enforcement in the United States. Since the inception of the United States common laws‚ rules‚ and regulations have been enacted
Premium Police Sheriff Law enforcement agency