The federal legal system that of the united states as

  • No School
  • AA 1
  • 59

This preview shows page 29 - 31 out of 59 pages.

The federal legal system, that of the United States as a sovereign country, means that there are in fact 51 separate legal jurisdictions in that country. The division of powers between the Federal government and the States is set out in the US Constitution. The original document has however, been frequently amended in the intervening period. Also, it is only possible to properly understand the Constitution if it is read in conjunction with the many Supreme Court decisions which have interpreted its provisions. In the United States, private law is, for the most part, regulated at state level. Each state has its own legislature and its own court hierarchy, usually at three levels. Each of these hierarchies stands alongside but is independent of the Federal court hierarchy. As a general rule, the state courts are responsible for dealing with cases involving state laws, while the Federal Court system is responsible for dealing with matters involving Federal laws. Usually, an appeal from a state court to the Federal Supreme Court is only possible where the case involves the infringement of Federal Constitutional rules either by state laws, or decisions of state courts. In cases in which there are no constitution-related matters, there is no appeal from the decisions of the State courts. As a result, each State has developed its own distinctive legal system. Despite these 51 different jurisdictions, the legal system of the United States nevertheless has a certain unity. This unity is promoted by the activities of national organisations such as the American Bar Association and the American Law Institute, not to mention the contributions made by active scholarship in the area carried out in the American law schools. 2.3.4 The Law of Australia Australia’s legal system is a common law system and is closely related to the laws of England. Unlike Britain however, Australia has a formal written Constitution, which is based on the Constitution of the United States of America. The Australian Constitution specifically sets out the areas in which the Federal Parliament has the power to pass laws. If a particular area is not referred to in the Constitution, then the Federal Parliament does not have any power to make laws in this area and the power to do so rests with the States. This concept is called the Division of Powers . Australia, like the United States of America, is also a Federation. It is a country made up of a number of states. Thus, the court hierarchy in Australia resembles that of the United States, except that in Australia, it is possible, in certain circumstances, to appeal to the High Court from a decision of a State Supreme Court, even if the appeal does not deal with a Constitutional issue (as is required in the United States before a decision of a State Court can be appealed to the Federal Supreme Court.) 29
Image of page 29

Subscribe to view the full document.

CO5119:03 Business Law SUBJECT MATERIALS >> SCHOOL OF LAW JAMES COOK UNIVERSITY Until 1986, the highest court of appeal in Australia was the Privy Council. However, a number
Image of page 30
Image of page 31
  • Fall '19

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask 0 bonus questions You can ask 0 questions (0 expire soon) You can ask 0 questions (will expire )
Answers in as fast as 15 minutes