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LAW00720 Legal Studies Business Law Assignment

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  • Course Code: LAW00720
  • University: Southern Cross University
  • Country: Australia

Question:

Each court in this hierarchy in the particular State may overrule any court lower in that hierarchy.

Explain the basis upon which the common law of England became the law of Australia.

How did the decision in the Mabo Case change the legal doctrine of terra nullius in its application to Indigenous peoples’ sovereignty to land in Australia? What do you think are the wider implications of this decision for Aboriginal and Islander land rights in Australia?

What do you understand by the term ‘unenacted law’?

Explain the terms common law and equity. How do they interact?

What would be the result where an Act of Parliament altered a rule of common law or equity?

Should judges be able to overrule decisions with which they disagree?

Is it the function of the judges to make law or only to interpret it?

Should the judiciary have the power to change the law as they consider appropriate?

 
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