France germany italy spain portugal greece some parts

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Unformatted text preview: em has its origins in Roman law • Primary source of law is a legal code • The common law system can be further divided into: civil cases/actions • This is the legal system used in: criminal cases/actions most of Europe (eg. France, Germany, Italy, Spain, Portugal, Greece) some parts of Asia (eg. Japan, Korea, Thailand, Indonesia, the Philippines) Central and South America 47 48 Civil actions vs Criminal actions Civil actions vs Criminal actions • Civil • Standard of proof an action brought by one individual/entity against another emphasis is on remedies Civil action: plaintiff to prove case on the balance of probabilities • Criminal actions are brought by the crown (state) against an accused individual emphasis is on punishment Criminal action: prosecution to prove case beyond reasonable doubt 49 Civil actions 50 Criminal actions Examples of business crimes: • Extortion • Embezzlement • Larceny/theft • Fraud • Forgery Examples of civil law relevant to business: • Contract • Tort • Property • Business Entities • Trusts 51 Evolution of the Australian Legal System (NSW) 52 Origins of Australian law The doctrine of reception • 1788 – arrival of the first fleet • Australia inherits English system of law 53 Colonies established by England were classified as either: • Territory acquired by treaty or military victory, in which case the existing institutions were retained or • Territory that was terra nullius, i.e., the inhabitants were not recognised and English ideas of justice and the English legal system applied 54 Origins of Australian law Origins of Australian law Native title • In the case of Australia, terra nullius meant no recognition was given to the rights of the indigenous people HOWEVER • In Mabo v. Queensland (No. 2) (1992) the High Court of Australia acknowledged that Australia had not been terra nullius and that common law recognises a form of native title to land • 1823 – Court system & legislative council established • 1828 to 1853 – development of the NSW parliament • 1855 – NSW Constitution • 1865 – Colonial Laws Validity Act • 1901 – Federation • 1931 – Statute of Westminster • 1986 – Australia Act 55 Origins of Australian law 56 Origins of Australian law Federation 1901 Federation 1901 • The Commonwealth of Australia Constitution Act 1900 (Imp) • A new level of government was established: Federal parliament with jurisdiction set down in the Commonwealth Constit...
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