law questions (1 Viewer)

[Sathius005]

1) Why do we need law?

Law is regulations emanating from government and applicable to people via legislation, custom and policies recognised and enforced by judicial decision. We need law to provide a complex system of social control, regulating conduct, provides rules for governing relationships, sources of protection and provides the glue for a civilised society. If we didn’t have law in Australia we would be living under anarchy. Law is a mechanism of compensation for the plaintiff whose rights have been violated (civil law) and a mechanism of punishment for the accused (criminal law). For example if a man does premeditated murder of his wife and her secret lover and pleads not guilty, he is usually sentenced to two life sentences and has to be in jail for life. Murder is a serious offence and in this case it is said that justice has been done to the victims of the murderer as a result of the judge’s verdict.

If you had to mark this question out of five marks what would you give my mini essay answer?

 

[SylviaB]

Re: Do you respect the Australian legal system?

Commits*

 

[funkshen]

Re: Do you respect the Australian legal system?

4.5/5. I deducted half a mark for missing the obvious links to Australian Neoconservatism.

 

[Sathius005]

Re: Do you respect the Australian legal system?

Distinguish between the Doctrine of Reception, Mabo judgement and the Wik judgement (6 marks).

The Doctrine of Reception states that Australia was terra nullius at the time of settlement which meant that Australia was unoccupied at the time of settlement.

The Mabo judgement overturned the Doctrine of Reception by stating that Australia was acquired by settlement and that Australia was not terra nullius at the time of settlement. This meant that Indigenous people had rights to native title which could not survive the grant of a pastoral lease.

The Wik judgement said that native title can coexist with pastoral leases but in the event of conflict the rights of the pastoralist will prevail.

What would you grade my response to the above question out of six marks?

 

[anomalousdecay]

I'm surprised at how bothered Sathius is to make these threads.