General Flashcards
(7 cards)
Difference between common law and equity
While both are laws made by judges, common law are rules established in common law courts formerly Court’s of King’s Bench and Common Pleas
equity orignates from moral and christian principles giving greaer flexiblity than common law administered by Court of Chancellor.
What happens if a persons/ entity fails to meet their liability
Unmet legal responsibility could lead to lawsuit for damages that may have occurred or a court order to perform ( when there has been breach of contract or statute violation)
Difference between public and private law
Public law deals with relations between state and individuals to achive justice for society as a whole. eg. administrative and constitutional and criminal that harming not only victim but society
Private law regulates individuals within society to achieve justice between individuals. The aim is to undo the wrongdoing
eg. tort lawl and contract law
Difference between australian and british law
Australia’s government is based on that of Britain as Australia was colonised by Britain.
sharing similar characteristics of Crown, parliament, executive(ministers of department and crown) and courts.
Describe Australian government system
Australian has a federal government system. Prior 1901 however, Australia had 6 separate ment, ones that. after federation, states gave up some of their duties to the federal government - ones that concern the entire nation. However state governements do deal with state matter
Why are there laws?
- Take us from anarchy
- Law created to create order and rationalize to prevent chaos and danger from emerging where vengence or violence would be used to solve problems
What’s a problem with laws?
- world cannot be rationalized
- Legislation to control human affairs - more rely on law, harder to get along with each other
- restrains Personal freedom
- Awards too big eg. Rising insurance premiums
- Protects some interests not others
