Answer some question about Australian Law. Essay Example

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    Law
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    Undergraduate
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4Australian Law

Australian Law questions

Australian Law Questions

Q1. Answers: The final court of appeal in the Australian hierarchy of courts is the High court. In a full court, judges may comprise of more than two justices in a sitting, it may also constitute of one judge who can determine and hear some matters. On the other hand a full bench of court comprises of all seven judges if they are available on list to hear cases of major public importance (Carvan, 2002).

Q.2. Answers: Authorized reports provide authoritative sources of a case law. These authorized reports fall under the series that has been selected and approved by the judiciary, nominees, as well as the relevant government departments as the preferred series. For example the Commonwealth Law Reports (CLR). The unauthorized law reports fall under the series of law reports that are produced more quickly and are mostly directed towards satisfying the needs of specialist practitioners, for example if a Local Government and Environmental Reports of Australia were to appear in the Australian Law Report but not in an authorized series (Kercher, 1995).

Q3. Answer: In legal citation VLR stands for the “v” between parties’ names that is rendered “and” in a civil action and the ‘v’ stand for “against” in a criminal action (Parkinson, 2001).

Q.4. Answer: Modern Reports can be obtained from an expert witness because the court would always expect them to be open to cross examination concerning the report (Barry, 2007).

Q.5 Answer: The Gorton v Australian Broadcasting Commission & Anor (1973) 1 ACTR 6 is obtainable from the High Court of Australia (Carvan, 2002)

Q. 6. Answer: Catchwords are used in a reported case to provide a summary classification of all matters that are dealt with in a case. Catchwords are supposed to proceed from law to facts and from the general to the particular. The first catchword as applied should be the title of a general topic of law.

On the other hand a Headnote in a case provides a summary of facts, issues or reasons for any decisions rendered on a case (Australian Guide to Legal Citation, 2010).

Q.7 Answer: Citation between a year, the (round) uses bracket when the volume a report are organized using the volume number. A [square] bracket is used when the volume is organized by year especially in cases where the volume number commences at the beginning of each year. Therefore, square brackets are used when the years is important in locating a law report (Barry, 2007).

Q.8. Answers: In the English hierarchy of courts, the Supreme Court is recognized as the highest appeal court in almost all cases in England. In New Zealand, the Supreme Court of New Zealand is the highest court and the court of last resort. On the other hand, the Supreme Court of Canada is the highest court and the final court of appeals in the Canadian judicial system (Australian Law Reform Commission, 1987).

Q 9. Answer: A citation style that has become widely recognized in Australia particularly in academic legal writing is the Australian Guide to Legal Citation (Melbourne University Law Review Association, 3rd ed, 2010). The Australian Guide to Legal Citation is the correct legal citation of the Australian Constitution as passed into law. It is the recognized standard system of legal citation in Australia. The Australian Guide to legal citation appears in the authorized series (Parkinson, 2001).

References

Australian Guide to Legal Citation, (2010) Referencing Guide,

Retrieved on 16th September 2011 from http://www.bond.edu.au/prod_ext/groups/public/@pub-is-gen/documents/genericwebdocument/bd3_006496.pdf

Australian Law Reform Commission, (1987). Evidence, Report no. 38, Canberra: Australian Government Printing Service.

Australian Law Reform Commission, (1997). .Issues Paper 20: Review of the adversarial system of litigation: rethinking the federal civil litigation system, Sydeny: AGPS.

Barry R. (ed.), (2007). The Law Handbook. Sydney: Redfern Legal Centre Publishing.

Carvan J, (2002).Understanding the Australian Legal System. Sydney: Law book Co.

Kercher, B. (1995). An Unruly Child: A History of Law in Australia. Sydney: Allen & Unwin.

Parkinson P. (2001). Tradition and Change in Australian Law. Sydney: LBC Information Services.

Melbourne University Law Review Association, 3rd ed, (2010).AGLC. Retrieved on 17th September from http://mulr.law.unimelb.edu.au/go/aglc