TAILIEUCHUNG - Lecture Fundamentals of business law (7/e): Chapter 2 - M.L Barron

Chapter 2 - The Australian court system. At the end of this chapter you should understand: the doctrine of the separation of powers; the role played by the courts in making law; the jurisdiction of federal and state courts and tribunals; the doctrine of precedent, including the difference between a binding and a persuasive precedent;. | This is the prescribed textbook for your course. Available NOW at your campus bookstore! THE AUSTRALIAN COURT SYSTEM CHAPTER 2 Learning objectives At the end of this chapter you should understand: the doctrine of the separation of powers the role played by the courts in making law the jurisdiction of federal and state courts and tribunals the doctrine of precedent, including the difference between a binding and a persuasive precedent the adversary system of justice the trial process the way to read a statue effectively and the purpose of dividing statutes into several parts the rules of statutory interpretation and their application to a set of facts how to effectively read a case reported in a law report. Introduction Businesses operate within the Australian legal framework. You need to understand the role played by the various courts in Australia, how they operate and make decisions and how such decisions can effect the regulation and operation of business. You need to understand the effect of legislation upon the regulation and operation of business. The doctrine of separation of powers This is the foundation upon which Australia’s system of democracy rests. It puts checks and balances in place to stop one arm of government having absolute power. Essentially provides that government is composed of three arms who should be responsible for separate functions: the legislature (parliament), which makes the law the judiciary (courts), which interprets and enforces the law the executive (ministers/cabinet), which administers the law. It provides that one arm of government should not be controlled by either of the other two arms, nor should it exercise the functions of another. You have no doubt heard of the comment ‘absolute power, corrupts absolutely’—the doctrine of separation of power seeks to avoid this outcome in governmental terms. While Australia does not exercise complete separation between the legislature and the executive, as ministers will both prepare .

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• Business law
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• Lecture Fundamentals of business law
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