Assignment Bachelor Essay Example | Topics and Well Written Essays - 2750 words

Assignment Bachelor - Essay Example More to that, law sets out procedures on how things should be done, who should be involved and so on and these procedures apply to all people who are governed by that law. Moving away from the basics, this paper shall be guided by questions regarding the Australian legal system so that a clear understanding of the various implications of their legal system is demonstrated. Do common law, the courts and the doctrine of Precededent continue to serve the useful function in the regulation of business conduct and the resolution of business disputes Alternatively, should all business resolution be subject to legislation The Australian court system is similar to that of Britain as it was a British colony. It mainly uses the common law and the statute. The statute is made by the legislation while the common law follows the doctrine of precedence which is borrowed from a Latin phrase stare decisis which translates to "the decision says" or simply the rule made by previous judges. The doctrine of precedence is not constituted so much on the ideal decision made but rather the principles that guided the arrival to that decision. (Gilford and Gilfford, 1983,p5). As pointed out, not all law follows precedence and this is where statute law comes in. legislation allows for codification so that common law may be altered to set new precedence and also suit with the current needs of the community. The Australian court system is categorized into 3 distinct courts namely the high court (supreme courts) the county courts and the magistrate courts. The Supreme Court is the highest court in the land and has jurisdictions to listen to cases of appeal and also handle cases of high profile say constitutional challenges and interpretation. The magistrate courts are the lowest courts and handle civil and criminal cases of lighter nature. Given the fact that the doctrine of precedence prevails in the Australian court system, the magistrate and distinct courts are bound to follow rulings of the higher court where two cases are similar in fact and circumstance. This means that a lower court cannot be able to overrule precedence. On the other hand, the high court has the jurisdiction to overhaul previous precedence if it feels that it is outdated and therefore set new precedence. Common law has its strengths and weaknesses. For example, it has the advantage of setting a pattern of handling disputes hence one may be in a position to predetermine a court ruling just by studying previous rulings. As noted, any law should have consistency and common law provides for this. In the instance where no similar case has been handled before, common law gives room to set precedence. It also assists judges arrive at a decision faster and hence save time and acquire sound mind since previous reasoning used by judges is at the center of common law. Common law has played a major role in maintaining regulation of business conduct through setting out remedies to business misconduct, negligence and damages and as such has acted as a deterrent to stop individuals from repeating similar mistakes. Legislation plays a pertinent role in business resolution to disputes and perhaps should always be the basis upon which remedies are found. However, not all