Comparing the Australian Legal System with the Legal System of Your Country of Origin.

1105 Words Dec 9th, 2011 5 Pages
CRAM Exclusive
Essay Sample
Introduction: The task here is to compare the Australian Legal System with the legal system of the country of origin therefore the comparison is with the Pakistani Legal System. The structure of the Common Wealth Government, Australia briefed in the constitution is divided into three branches, the legislature (Senate “upper house” and House of Representatives “lower house”), executive (the administrative arm of Government) and judiciary (the legal arm of the Government). While in Pakistan

middle of document…

The legislative law is enacted by federal and state parliaments and common law which mainly evolves through judicial decisions and practices. The primary law which cannot be overridden is made by Parliament for example enacted law or Legislation. The unenacted law is usually passed by judges in courts when there are certain decisions made or justification of their decisions. The doctrine of principle states that decisions of cases are commonly based on previously decided cases and mostly the higher courts are taken into consideration.
In a parallel contrast to Pakistani legislative system Australian Common Law is quite similar in this regard because common law is different from statute law and it doesn’t depend upon the groundwork of any Act of Parliament. While the main source of Law remains Statute Law however the common law plays its own vital role in the development of the Legal system.
While on the other hand
CRAM Exclusive
Air80171Dragon

Related Documents

  • The Australian Legal System Essay

    As such, it is important for the legal system to ensure that there is fairness across the board for those involved in the system, whether defendants, plaintiffs, or others. There are two ways in which the legal system ensures fairness. On one hand, there are the general presumptions and procedures to ensure a fair trial or court hearing. On the other, there is the system of law which is intended to ensure fairness in society; this is known as the Law of Equity (C, 2009) What is justice? Justice

    Words: 1290 - Pages: 6
  • Essay about The Australian Legal System

    Once passed by the other house, they become an Act of Parliament until the Governor or Governor-General signs them and they become Statue Law. All laws made in Parliament have to be in line with the Federal and State Constitution, the number one legal document. In the courts, Common Law is made when judges interpret the laws made by Parliament and follow the Doctrine of Precedence when giving out punishments. This law is also named ‘Judge-made law’. The Law of Equity does not follow the Doctrine

    Words: 1300 - Pages: 6
  • Essay on The Australia Legal System

    The Federal Court’s jurisdiction is broad, covering almost all civil matters arising under Australian federal law and some summary criminal matters. The court also has substantial and diverse appellate jurisdiction, including over the decisions of single judges of the Federal Court and the Federal Magistrates Court (in non-family-law matters) and some decisions of the state and territory courts. The Family Court is Australia’s superior court in family law. Through its specialist judges and staff

    Words: 1407 - Pages: 6
  • Legal System in Aghanistan Essay

    These legal procedures may not include Shari ‘a or customary laws and work strictly on the need to promote common welfare. It mainly draws its power from its claim to be an exclusive source of legal authority that is enforceable on all people throughout the country. Civil law has only recently taken up any form or shape in the Afghan context, as the civil law was for the past many years, merely an extension of the Islamic law but the state always asserted the priority of its own laws over the application

    Words: 5597 - Pages: 23
  • The United State Legal System and Legal Practitioner Essay

    determine legal precedence and justifiability through gathered evidence, and present their strategic approach in discrediting witness statements, potentially suppressing evidence when possible, and to persuade juries and judges of existing fallacies within the case content. The code of conduct solidifies the acceptable behaviors for law practitioners and fosters an internal cultural competence environment within their practices. Federal, state, and local legal practitioners will employ legal teams from

    Words: 1343 - Pages: 6
  • The Italian and English Legal Systems Essay

    On the contrary, countries which affiliate with civil law are framed on an inquisitorial system. Briefly, the adversarial system operates as a contest between two or more gatherings competing in front of a neutral umpire, such as a jury or a judge. Albanese. J (2010) explained that the role of a judge/jury is to ensure whether the above parties comprehend and abide by the rules, to decide which side wins. However, there has been several times where judge took decisions to ensure fair play whilst

    Words: 1449 - Pages: 6
  • An Overview of Bangladesh Legal System with Special Reference to Criminal Justice Administration System

    the current legal system of Bangladesh can be attributed to the British Empire. This report mainly gives an overview of the legal system of Bangladesh. First the report gives a brief history and background of the lineage of the Bangladeshi legal system. The report then goes on to describe the Criminal Justice Administration System of the country in detail. Lastly in the closing stages of the report, two criminal cases were analyzed from the training and skills learned from the legal Environment

    Words: 6105 - Pages: 25
  • Canada vs. United States: Legal System Essay

    a high degree of morality was shown by the the American legal system. Virginia's legal system considered the attempt to commit the act to be just as good as committing the action itself. Justice was served for the family of the young girl.­­­ This sentence is also a strong example of deterrence because it discouraged others from performing such a heinous act. Another example of the disparities between the Canadian and American legal systems is in the case of Constable John Atkinson, who was shot

    Words: 1146 - Pages: 5
  • Essay on Inequality in the Legal System of the United States

    out its limits and future potential. Because of the extent of free speech and peoples use of it to speak out against the government, there is inequality currently in the system. People who use their voices against the system are often caused a great deal of legal troubles while those that use their voices to support the system are free to do so at will. To return to America’s early history of inequality, one must look at the black codes. The black codes are defined as "laws [that] were designed

    Words: 1967 - Pages: 8
  • Level 5 Irish Legal System Essay

    are Caroline Cummings for the prosecution and James Dwyer for the defence. The judge who oversaw the case was Judge Mary Ellen Ring. Their roles are as follows; the barristers role is represent their clients in court, they draft pleadings prepare legal

    Words: 1109 - Pages: 5