Questions About Law... (1 Viewer)

[mystify]

Hey everyone,

I just have a few questions which im hoping someone might be able to clarify for me. By the way, these are not assignment questions or anything of the sort they are merely questions ive come up with through readings to assist my general understanding.

(i) Firstly, in regards to JUDICIAL POWER: We know that the judiciary (according to the doctrine of separation of powers) has the role of interpreting and discovering the law and this is done through the courts. When the text book says that this judicial power resides within the federal courts does this refer to the actual federal court itself or all courts from state courts to the high court and federal court. Im just a little confused about this.

(ii) Does the cross-vesting scheme mean that the federal and supreme courts have power to share jurisdiction over certain matters?

(iii) Statute as opposed to delegated legislation: Is it true to say that statute is fixed laws that have been developed over time whereas delegated legislation is the authority/power to pass new laws which become a part of statute??

I may very well be confusing myself but its just one of those things where i feel i need clarification.

Thanks for any input

 

[Angel45]

Hehe - I know which bit u mean re judicial power. I just read it myself:
"Constitution, by s 71, explicity confers the judicial power of the Commonwealth on the federal courts" - and it's like :S.

the wording is a bit ambiguous.

 

[mystify]

lol yep thats exactly what triggered my confusion...

 

[Angel45]

the cross-vesting thing is odd to.

coz i think in theory it's like supreme and federal can like have each others jurisdiction but in class there was mention of it just being that state can exercise federal jurisdiction, but not vice versa. but i'm not sure:S

 

[Demandred]

(i) Firstly, in regards to JUDICIAL POWER: We know that the judiciary (according to the doctrine of separation of powers) has the role of interpreting and discovering the law and this is done through the courts. When the text book says that this judicial power resides within the federal courts does this refer to the actual federal court itself or all courts from state courts to the high court and federal court. Im just a little confused about this.
Thanks for any input

I think it refers to all courts.

 

[Angel45]

I'm nervous:S

 

[Jonathan A]

There is a case (ALexander's Case) which we haven't touched on much which clarifies what judicial power means. I think the Commonwealth Government were trying to establish a court, but the judges were to be on contracts and the High Court stated it did not have judicial power, I can only just remember it.

 

[Jonathan A]

I'm nervous:S

Put it this way: even if you get 0 out of 10, you still are able to get a HD overall with 5 marks to spare.

 

[LaraB]

Put it this way: even if you get 0 out of 10, you still are able to get a HD overall with 5 marks to spare.

ahh! dont go saying that! i have to pass everything and get a credit avge or i lose my scholarships so not fair..

question - i cant b bothered going and checking - what's the mark band for C,D, F etc?

 

[Cape]

question - i cant b bothered going and checking - what's the mark band for C,D, F etc?

Less than 50% = fail
50% - 64% - pass
65% - 74% - credit
75% - 84% - distinction
85% + - high distinction

 

[Jonathan A]

I think it refers to all courts.

The answer at last....

R v Kirby which sets the grounds for judicial power says that judicial power is only applicable to federal courts, however it states this in relation to the Commonwealth. So state courts are still judicial.

 

[HerO_Reborned]

Put it this way: even if you get 0 out of 10, you still are able to get a HD overall with 5 marks to spare.

Are u trying 2 be funny or some sh*t cuz seriously u might not wanna make a fool of urself next time.

 

[Jonathan A]

Are u trying 2 be funny or some sh*t cuz seriously u might not wanna make a fool of urself next time.

Firstly, I am facing (faced) this exam, so I am in the same boat as those who asked this question. I am speaking of the realities of a 10 mark assessment. Many people enter these exams thinking its the end of the world and they spend all weekend preparing for one small assessment and put other subjects on hold which is not always thr right thing to do. Most law students have many stakes, whether it be the D average or a scholarship, I am reminding them in humurous and appropriate way that one could still get a HD.

Jonathan

 

[Demandred]

That was a hard test...

 

[LaraB]

That was a hard test...

hey demandred - which class are you in?

coz im just curious how other classes thought their test was...

 

[LaraB]

Are u trying 2 be funny or some sh*t cuz seriously u might not wanna make a fool of urself next time.

hero - plz dont start this crap again - jon's in the class so he knows what he's talking about and as you're not i dont think you're ni a position to judge.

Just leave it alone to save another argument