Necessary To Contract Law: What Is A Skateboard?

The purpose of this report is to discuss the matter The Queen V Bayley, which took place on the 29th of September 2012. Adrian bailey (serial rapist) was found guilty on charges of murder and rape, this report will discuss in detail the court proceedings that lead up to the imprisonment of Adrian Bayley and also the events prior to the kidnapping of Jill Meagher. The purpose of this report is to discuss the purpose of law in our society and how it applies to people who commit crimes in our community. As well as the purpose of criminal law in our community.

Statutory interpretation is required where complication and ambiguity arises as to what the section actually provides and to whom is within the provisions. There are numerous occurrences where judges call for statues to be interpreted further in more depth; such as failure of legislation to cover a point, a broad term, drafting

The Plaintiff contests that orders to restrain the Plaintiff’s land use [8] by Pain J in the Land and Environment Court of NSW in 2005 constituted the ‘violation of correct legal procedures’ [14] and hence professional negligence, because the case was previously dismissed by Lloyd J [5].

Critically assess the applicability of this statement as an analysis of the current approach of the judiciary to statutory interpretation in Australia.

Laws in general are thought up in order to maintain order in our society. Over time, it has

Fall Commentary Assignment-LAWS 1000BProfessor: Stephen Tasson – TA: Noel Gondek Due Date: October 26, 2012

As society changes, our legal system evolves with it. Prior to the Criminal Justice Act 2003, the principle of double jeopardy meant that a person couldn’t be tried a second time. This act amended this principle, allowing serious crimes, such as murders, to be re tried if some new evidence became available.We will be asking ourselves if these amendments has greatly improved our system of justice, by focusing on why these amendments were made and whether the advantages of such a reform prevail on the disadvantages.

Statutory interpretation is process of interpreting statutes by the judges. The definition of statutes have had very specific words but indeed the judges would still need the statutory interpretation to help them. The reason of this, even how, the words in the statutes are specific but sometimes the words contains ambiguity and vagueness in words. On top of that, each word could give us different meaning. For example, we can find in the Oxford Dictionary where a word would contain at least one meaning. Hence, without the statutory interpretation, a lot of judges would have trouble in deciding their judgments in deciding a case. This essay will analyse the four rules, intrinsic aids and extrinsic aids and presumptions in the interpretation

that there is no ambiguity as to what the stance of a law is with regard to a particular

The legal issues that can be determined from the question is the validity of the "double jeopardy" principle based on the amendments in the Criminal Justice Act 2003. The question also seeks to evaluate the impact of the amendments on the system of justice in England and Wales. In lay terms, double jeopardy means placing someone on trial a second time for an offense for which he/she has been previously acquitted, even when new incriminating evidence has been unearthed. Athenian statesman and philosopher Demosthenes was one of the earliest to conceptualise the double jeopardy principle when he stated in 355 BC, "The law forbids the same man to be tried twice on the same issue."

In the article “The Common Law Origins of the Infield Fly Rule,” William S. Stevens distinguished the similarity between the Anglo-American Common Law and the Infield Fly Rule. In this article, Stevens gradually creates an analogy between these two aspects. He points out how similar the two really are when it came down to the values they both share. From a broader viewpoint, these two may be significantly different, one residing in baseball and the other in the judicial system. However, the Common Law and the Infield fly rule share very significant elements, that being said, they both involved the process of gradual change and legislative adjustments.

To finish, I will quote C.S Lewis as he speaks of formal justice’s limitation: “You can not make men good by law.” If munificence is indeed our aim, we must have a greater understanding of unwritten laws and such offences’ varying degrees of

1. When interpreting legislation, the Courts use several approaches to aid their interpretation. Describe how the literal, golden and mischief rules of interpretation operate.

The wording has also lead to a gap in the law, with, in certain cases defendants getting off a crime, which in terms of common sense he is guilty of. For instance if man in the street threatens to kill you it would be seen as assault. But if he shouts that he is going to kill you tomorrow in the eyes of the law that is not an assault, even though any reasonable person can see that it is a clear danger to the person the threat is directed to. Another area of criticism is the hierarchy of the offences; the offences are listed in terms of seriousness with the most serious offences being first in the Act.

Illogical distinctions. The use of distinguishing to avoid past decisions can lead to ‘hair-splitting’ resulting in some areas of the law becoming very complex. From 1898 to 1966 the House of Lords was completely bound by its own past decisions unless the decision had been made per incuriam, that is, in