LAWS1052 in-class test (1 Viewer)

[Lazarus]

Not necessarily... evaluating the decision really means interpreting it within a broader context. I can't really see public policy and the rule of law coming in there, though there's certainly a lot to be said regarding the potential significance of the decision in relation to tribal communities (and communal title).

You could talk a lot about equity too, or even customary law.

 

[truly-in-bliss]

i was talking to the law guys today.. and everyone luves u!! hhaha

 

[Newbie]

im just afraid that everyone (myself included) will end up with zeros for identically writing out laz's answers

 

[i-color]

yeah our law test was on equity and customary law...hahaa

 

[Eeko]

what is equity

 

[truly-in-bliss]

the third meaning to the phrase common law (1. a legal system, ie: common law country 2. source of law)...

there are 3 sources of law

statutory
common
customary

though common and statutory are the main sources....

umm..... i think i am acutalli wrong... cant rmemeber much from yr 11 legal studies....

 

[Eeko]

U'RE WRONG!

it's common statutory and the constitution

 

[Newbie]

stop confusing me tib im vulnerable

eeko, equity is when i steal your jelly

 

[Eeko]

equity is the foundation of common law based on the principles of fairness

i jus made that up and it sounds about right

 

[Eeko]

Originally posted by truly-in-bliss
no its not.

the 3 main sources are

1. legislation/statues/delegated legislation
2. common law (judge made law developed in common law courts & judge made law in equity courts)
3. customs

now customs are incoporated in the common law
and may be enshrined in legislation..but to be technical.. there are 3 sources of law and not 2.

that's so wrong i don't even know where to start...

well jus customary law actually. Indigenious customary law are not recognised under common law, although they may influence the judge's decisions.

anyways... i'm sure the constitution is the 3rd source

 

[Newbie]

good
you two finally get to my case

 

[truly-in-bliss]

incoporated as in having an influence in common law...............blah i am a newbiee.......................................... it says this in my legt1711 textbook........ page 11..................................*bangs head on the table*........

 

[Eeko]

did I win ?

 

[truly-in-bliss]

umm..but my lecturer (jason harris) also said... generalli.... there are 3 main sources of law..........though...... the 2 main sources are legislation and common law

 

[Eeko]

CONSTITUTION!!!

if customary law counts, then so does international law

but they're both useless

 

[addz]

constitution is like statute law..in the sense that it was originally created by parliament

 

[sugared plum]

we got rule of law, and critically evalute the judges opinion which was that land ownership and artistic works/cutural stuff are separated and this is the major block. blah.

 

[Newbie]

OMG WTFFFFFFFFF

so many different last questions

equity
customary law
communal title
rule of law
critical evaluate decision

public policy anyone?

 

[Newbie]

dont mock lowly paid waiters

 

[Eeko]

Originally posted by addz
constitution is like statute law..in the sense that it was originally created by parliament

oh man

i give up