TLAW607 Business and Corporations Law T3 2022 Assessment title Assignment 1: Australian Legal System and Sources of Law Purpose and Purpose: The purpose of this assessment is to assess discipline description knowledge, principles and concepts and to evaluate independent and critical thinking skills in respect of legal material Topics to be covered: Australian Legal System Assessment length Up to 1500 words (total for Parts A and B) Assessment weight 20% of final mark. Due Date 11.58 pm on Sunday week 4 of semester (18 December 2022) via Turnitin. Return method Assignments will be uploaded to Tumitin, marked online and comments provided in relation to the assignment Feedback provided Yes This assignment consists of two parts. Part A is about the Australian Legal System. It will test your legal research and writing skills. Part B is about statutory interpretation and the common law approaches to statutory interpretation. It will test your independent, critical thinking and reasoning skills. Total marks available for this assignment is 100 marks. Part A is worth 40 marks. Part B is worth 60 marks. This assignment is worth 20%% of your final mark. Part A: Questions on the Australian Legal System (40 marks) Background to this question: The nation of Australia, with its relatively small population of approximately 26 million people, has a surprisingly complex legal system. Australia is governed by a Federal or Commonwealth government located in the national capital of Canberra. (The terms 'Federal' and 'Commonwealth' are sometimes used interchangeably in our lectures.) Australia also consists of six States - New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia - and two major mainland Territories - the Australian Capital Territory and the Northern Territory - each of which has its own government. Within each State and mainland Territory there are various local governments, each with their own jurisdiction (except the Australian Capital Territory, which has no separate local government). Some aspects of business law are regulated by Federal law; some aspects are regulated by State law, some aspects are regulated by a combination of the two; and some page 1 off 5 This study source was downloaded by 100000794194493 from CourseHere.com on 12-18-3022 00:12:55 GMT -06:0aspects are regulated by a local government. Some laws are made by parliament; these laws are called legislation, statutes or Acts of Parliament. Other laws are made by judges; these laws are called case law or common law. Scenario: "Levi and Zoey" Best mates Levi Campbell and Zoey Glenn are together talking in a bar in Newtown and having some drinks one Thursday night. The bar has become louder as the hour has become later and the occupants have become drunker. Levi and Zoey have moved to a quieter table at the back of the bar. The following conversation takes place. Zoey - So, what do you know about the Australian legal system? Levi -[He answers quickly.] I know enough. I know that it is confusing. I know that there are too many rules, but nobody knows where to find them or what they mean. I know we've got a bunch of politicians, a Prime Minister, premiers and ministers - too many, if you ask me. I know that it costs a lot to take someone to court, or if someone else takes you to court. What more do I need to know? Zoey - Well, let's see if you can answer my four simple questions. Who are in charge of government in Australia? Levi - That's easy. The Premier. No, wait, do you mean just in this State or in charge of the whole country? If you mean the whole country, that would be the Prime Minister, right? Or is it the Queen? The Governor-General? The President? No, that's not right ... Zoey - Well try to give me a complete answer... Levi - Hmmm, that's hard mate, it depends on what you mean by 'in charge" and government'. Zoey - Okay, what about this one? What is the relationship between the Federal government and the various State governments? Levi - I don't know. Don't the State governments just do what the Federal government tells them to do? Are the State governments sort of local branches of the Federal government? Zoey - Uh-huh. Question three. What does the parliament do? Levi - [He is starting to look confused.] The parliament? Is that the same thing as the government? I think I've seen news footage of parliament; it's a big room full of people shouting at each other. What do they do? Argue a lot, apparently. And shout annoying insults while someone is trying to make a speech. Seriously, I suppose they do something. Do they make Law? Zoey - I'm asking the questions. Question four. Do judges make law? Levi - Do judges make law? I've never really thought about that before. I know judges make decisions. They decide whether or not someone should go to jail or whether or not they should pay millions of dollars to the person who is suing them. But I thought they found the law in the law books. Zoey - The law books? Levi - Yeah, the law books. You know, the big books where all the laws are written down? Big, old, dusty books ... Zoey - Go and buy another round of drinks. We have a lot to talk about. Page 2 of 5 is study source was downloaded by 100010714194493 from CourseHere.com on 12-18-3012 00:12:55 GMT -06:0