CAN YOU PLEASE ANSWER PART B OF THIS QUESTION AS ON THE TEMPLETE FOR PART B ANSWER

TLAW607 Business and Corporations Law T1 2022 Part A Section 1 (5 marks i.e. 1 mark for each correct answer) Identify the criminal, civil, original and appellate jurisdiction of the following Australian courts: Assessment title Assignment 1: Australian Legal System and Sources of Law Purpose and description Purpose: The purpose of this assessment is to assess discipline knowledge, principles and concepts and to evaluate independent and critical thinking skills in respect of legal material Topics to be covered: Australian Legal System 1. Federal Circuit Court 2. District Court of NSW 3. High Court of Australia 4. Land and Environment Court of NSW 5. Supreme Court of NSW Assessment length Up to 1500 words Due Date 11.59 pm on Monday week 5 of semester (25 April 2022) via Turnitin NB: YOU MUST ANSWER THIS PART OF THE QUESTION USING THE TEMPLATE PROVIDED TO YOU (see below). Return method Assignments will be uploaded to Turnitin, marked online and comments provided in relation to the assignment Yes. Feedback provided YOU MUST USE THE FOLLOWING SOURCES TO COMPLETE THIS PART OF THE QUESTION: State Library of NSW Hot Topics This assignment consists of two parts. https://legalanswers.sl.nsw.gov.au/hot-topics-courts-and-tribunals Part A is on the jurisdiction of Australian Courts. Part B is testing independent, critical thinking skills and reasoning. B Land and Environment Court of NSW https://www.lec.nsw.gov.au/ High Court of Australia https://www.hcourt.gov.au/ Part A: Jurisdiction and Australian Courts (10 marks) Background to this question: Jurisdiction means both the official power to make legal decisions and the extent of the power to make legal decisions. Supreme Court of NSW https://www.supremecourt.justice.nsw.gov.au/ Federal Circuit Court https://www.fcfcoa.gov.au/ You may also use your textbook and any other books on the reading list in the unit outline: Jurisdiction of Courts is further divided into original and appellate jurisdiction and criminal and civil jurisdiction. Original jurisdiction is the power to hear and determine disputes for the first time. Appellate jurisdiction is the power to hear and determine disputes on appeal from a trial or original hearing AND Part A Section 2 (5 marks - 1 mark for each correct answer) Criminal jurisdiction (both original and appellate) is defined by reference to the types of offences a Court may hear and determine. The main types of offences are summary and indictable In which courts would the following matters be heard: Civil jurisdiction (both original and appellate is defined by the amount of monetary compensation a court may award to a successful litigant. 1. Civil claims between $100,101 to $750,000 in NSW. 2. A breach of copyright action. Page 1 of 4 Page 2 of 4 3. Arbitration matters up to 10,000 in Victoria. 4 Action for defamation against a newspaper. A challenge to the constitutional validity of Commonwealth legislation 5 Template for Part A Section 1 You must use the template below for answering Part A Section 1 Name of Court ORIGINAL JURISDICTION APPELLATE JURISDICTION Civil Criminal Civil Criminal Part B - Thinking and Reasoning (10 marks) Consider the following scenario The following notice is posted in the waiting area of a train station in Sydney: "STRICTLY NO SMOKING INCLUDING E-CIGARETTES. It is a warm, sunny day. You are sitting in a bus stop just outside the train station. Once jo.a. wbile, you look at the no smoking sign, which is still visible from where you are sitting, at other times, you observe the behaviour of people walking in and around the train station area. You begin to wonder to which of these things and activities the notice would apply. Classify the following items into one of three possible categories: A. The notice definitely applies to the item. B. You are uncertain about whether the notice applies to the item. C. The notice defioitely does not apply to the item. 1 A young man is standing on one of the train platforms smoking a cigarette. He is the only person at the moment on the entire platform. 2. A woman, who is smoking a cigarette, stops right in front of your bus stop and talks on her phone for a few minutes, all the while continuing to smoke. 3. An older gentleman enters the train station and lights a smoking pipe and smokes just outside the turnstiles (Opal card tapping area). 4. A middle-aged man is sitting on a bench on the opposite platform, with an unlit cigarette dangling from his mouth. 5. 2 taxi drivers standing by on the taxi rank, while waiting for passengers, have set up a hookah or shisha and are starting to smoke. Template for Part B Item Classification Reasoning for choosing this category (A, B or C) 1. Young man smoking alone on platform 2. Woman standing in front of bus stop smoking. NB YOU MUST USE THE TEMPLATE PROVIDED TO COMPLETE THIS QUESTION. DO NOT GOOGLE ARTICLES AND BOOKS. THIS IS A THINKING AND NOT A RESEARCH EXERCISE. DO NOT GO LOOKING FOR THE "CORRECT LAW" as that is not the purpose of this exercise and you will not receive marks for this. YOU MUST USE YOUR REASONING SKILLS to make a credible and persuasive argument. Make your reasoning as detailed as possible. DO NOT use secondary sources in this exercise. Explain why you have placed each item into each category. Why does the notice apply or not apply in each case? What is it that makes you uncertain about whether the notice applies or not in each case? (10 marks; 2 marks for each correct answer)