Kirby J’s judgement focused primarily on section 51 (xxxv) in relation to section 51(xx). He discusses two limitations imposed on section 51 (xx) as a result section 51 (xxxv). The first limitation is interstateness: the presence of a dispute and the second limitation is independent resolution: the inability to legislate “generically and directly‚” but must provide a conciliator or arbitrator. From this‚ we can gather that Kirby J’s argument is that the Constitution must be read in its entirety.
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the law. Judges would use their individualized subjective beliefs to enforce the doctrine of unconscionability. This could result in arbitrary and discriminatory enforcement in the court system because how can one expect a judge to set a standard as to what constitutes one-sidedness in a contract. (ii) Institutional competence: This matter is too subjective to be handled on the court level. The ambiguity of the doctrine and how it should be applied is not something that the court should be dealing
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written “letter of the law” in making their decisions. Judges should rule on precedents‚ however‚ sometimes a court will depart from the rule of precedent if it decides that the precedent should no longer be followed. For example‚ if a court decides that a ruling precedent is simply incorrect or that technological or social changes have rendered the precedent inapplicable‚ the court might rule contrary to the precedent. Chapter 2-pg. 55‚ Question 2-6 I do not think such comments are sufficient
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VCE Legal Studies Unit 2 Exam Chapters (7‚8‚9‚10‚11&15) AREA OF STUDY 2: CIVIL LAW AND AREA OF STUDY 2: THE CIVIL LAW IN ACTION. 1. The difference between civil law and criminal law. Civil law applies to people in the community who had the wrong things such as civil against each other. Criminal law is someone who commits murder‚ sexual assault and theft etc. It is the law enforced by police. 2. The need for a hierarchy of courts‚ i.e reasons In a court hierarchy‚ different courts have different
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Law is a body of enforceable rules governing relationships among individuals and between individuals and their society. | True | | False | View Feedback | | Correct. | Question 2 | | 1 / 1 point | The doctrine ofstare decisis obligates judges to follow precedents established within their jurisdictions. | True | | False | View Feedback | | Correct. | Question 3 | | 1 / 1 point | Common law develops from rules of law announced in court decisions. | True | |
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supreme law-making body; it can make laws on all issues within its jurisdiction. However‚ the process of law-making can be slow. The courts‚ on the other hand‚ can change the law quickly if a relevant case is brought before them‚ they also can create precedent to be followed by other in the community in the future. Courts cannot change the law unless a relevant case is
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A breach of a contract is a failure to perform it. True A court may depart from a precedent if the precedent is no longer valid. TRUE A decision on a given issue by a court is not binding on an inferior court. False A defendant is a person against whom a lawsuit is brought. TRUE A federal statute regulates an employment practice. To resolve a dispute concerning the practice‚ Paula‚ a judge‚ will most likely apply the statute. A state constitution is supreme within the state’s borders
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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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Henry II and adopted by the Australian legal system. • It is law developed through the courts. It is also known as judge-made law and case law. • It can only be created when a case is brought to the courts. • It develops through the doctrine of precedent where the reasons for decisions of courts are followed by future courts. COURTS MAKE LAW BY: • Deciding on a new issue that is brought before them or when a previous principle of law requires expansion to apply to a new situation. • Statutory
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Soviet Union in 1991. The major goal of the United States during this time was to contain the spread of communism. The US contained communism during the Cold War‚ in many different ways including the Truman Doctrine‚ the Long Telegram‚ the split of Germany‚ and the Bay of Pigs. The Truman Doctrine was a policy adopted by US President Harry S. Truman in 1947‚ which provided military and economic aid to countries threatened by communist expansion. The
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