LAWS1100 Lecture Notes - Lecture 2: Alternative Dispute Resolution, Determinative, Ratio Decidendi
Document Summary
The common law system is divided into: statute law legislation or acts of parliament. Either at state or federal level: common law (case law) interpreting law from statutes and cases heard in the past. Hear the arguments from both parties and weigh up who has the strongest argument based on the laws they have interpreted, as applying to the circumstances of the case. Statute law: created by the parliaments (1 commonwealth, 6 states and 2 territories), e. g. Include laws made by subordinates as delegated legislation: e. g. Council/local government by-laws; orders; rules and regulations: standard format of statute/legislation/acts, number, title, date of assent, enacting words, commencement, sections, subsections and paragraphs, object, parts and divisions, marginal notes, definitions section, schedules, e. g. Common law: body of laws made by reported decisions of judges of the courts at federal, state and territory levels, e. g.
