Legal Studies VCE Unit 2

 Essay about Legal Research VCE Device 2

THE CAPACITY OF IDOL JUDGES AND LEGAL COURTS TO MAKE RULES

LAW-MAKING THROUGH COURTS:

•Common law began in England simply by King Holly II and adopted by Australian legal system.

•It is legislation developed throughout the courts. Also, it is known as judge-made law an incident law.

•It can only be created every time a case is usually brought to the courts.

•It builds up through the regle of precedent where the reasons behind decisions of courts are followed by long term courts. LEGAL COURTS MAKE LAW BY:

•Deciding on a fresh issue that is brought before them or every time a previous theory of law requires development to apply into a new condition.

•Statutory meaning – interpretation the meaning from the words in an act of parliament.

•The basis for the decision of a court creates a basic principle of regulation that is accompanied by future process of law and forms part of the regulation, along with acts of parliament. The reason for the decision is named the proportion decidendi. IDOL JUDGES MAKE LAW BY:

•Judges can simply make fresh law once there is a proper case before the court that needs a decision as well as the following conditions are fulfilled:

-no relevant legislation can be applied to the important points of the case

-there are no capturing precedents from higher tennis courts within the same hierarchy

-the case is being heard within a superior court of record, usually the High Court, Federal Courtroom or point out Supreme Courtroom RESTRICTIONS:

•Judges can only develop or change the law when a relevant case is brought before them. An instance will be brought by a person who seems aggrieved or perhaps injured and has chose to have the issue resolved in court. A person delivering a case need to have ‘standing', that may be, be immediately affected by the case.

•The nature of common rules is that the principles of regulation established in a higher the courtroom are capturing on reduced courts inside the same structure. If there is my old binding decision in a bigger court inside the same structure then it must be followed by the lower courts.

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