8. Explain the difference between legislation and common law and provide one (1) example of legislation...
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8. Explain the difference between legislation and common law and provide one (1) example of legislation (using the correct naming convention) and one (1) example of a common law principle. The difference between legislation and common is, that common law is declared by judges in court. Most common law is put into practice based on past precedent and this is done by trailing different cases and establisiing a precedent ruling. In this case if the Australian District court were to to rule on a particular case and the Magistrates court were to trial a case of the same nature. The judge would have to make the same verdict as the District court. Legislation is the prepation and enaction of laws by local, state and national parties. The agreement by the executive is required to put the legislation into operation unless there is a significant amount of displayed by each house of the legislative, whereby the legislation is overridden. One example of common law is: conspiracy to defraud. Where by "A person commits an offence if the person conspires with someone else with the intention of dishonesdtly obtaining a gain from a third person." (ACT Gorvenment, 2002) One example of legislation is: The Australian Human Rights Commission Act 1986. "Convention Concerning Discrimination in Respect of Employment and Occupation (ILO 111) Convention on the Rights of Persons with Disabilities. Convention on the Rights of the Child. Declaration of the Rights of the Child." ( Australian Human Rights Commission 2017., 2019) 8. Explain the difference between legislation and common law and provide one (1) example of legislation (using the correct naming convention) and one (1) example of a common law principle. The difference between legislation and common is, that common law is declared by judges in court. Most common law is put into practice based on past precedent and this is done by trailing different cases and establisiing a precedent ruling. In this case if the Australian District court were to to rule on a particular case and the Magistrates court were to trial a case of the same nature. The judge would have to make the same verdict as the District court. Legislation is the prepation and enaction of laws by local, state and national parties. The agreement by the executive is required to put the legislation into operation unless there is a significant amount of displayed by each house of the legislative, whereby the legislation is overridden. One example of common law is: conspiracy to defraud. Where by "A person commits an offence if the person conspires with someone else with the intention of dishonesdtly obtaining a gain from a third person." (ACT Gorvenment, 2002) One example of legislation is: The Australian Human Rights Commission Act 1986. "Convention Concerning Discrimination in Respect of Employment and Occupation (ILO 111) Convention on the Rights of Persons with Disabilities. Convention on the Rights of the Child. Declaration of the Rights of the Child." ( Australian Human Rights Commission 2017., 2019)
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Systems Analysis and Design
ISBN: 978-1133274636
9th Edition
Authors: Shelly Cashman, Gary B. Shelly and Harry J. Rosenblatt
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