Essays on The Legal Environment and Business Decisions Assignment

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The paper "The Legal Environment and Business Decisions" is a perfect example of a business assignment.   The magistrate's courts are the lowest in the Australian court system and it is the summary of jurisdiction. A court layout comprises of the witness box, the public gallery, a bar table where the parties involved sits. There is also a bench that is raised where the sitting magistrate settles together with the clerk. There is also a dock where defendants are housed in the custody. Another feature with the court is the presence a video link that helps witness to appear through remote conferences other than being there in person(Gray, 1983 p 80).

These are used in the case where a witness is not able to travel or a prisoner is deemed too risky to travel. Some of the cases handled by these courts include committal hearings, bail application, money claims as well as other civil disputes that do not exceed $100000. A court session consisting of any of the above named civil cases involves a number of involved parties. Each party in the court session has a title.

The commonly used titles are the appearances, where there are the plaintiff and the defendant, solicitors and then the court counsel. The magistrate is referred to as the “ your Honor” The defendant in his or her defense process has to issue a court with a document entitled “ the opening for defendants “ This document comprises all the evidence that acts in favor of the defendant(Gray, 1983 p 20). The defendants are also given a chance to give clear evidence against the acquisitions made against them by the plaintiff.

That is they provide all the necessary information that would act in favor of them in the case. An example of these cases was a dispute case that arose over the construction of commercial farm sheds along the Rainbow Road in Victoria. The plaintiff claimed that the sheds had not to be constructed as it was agreed upon in the contract. The defendant was to build two sheds where one was completed successfully, but the other one time elapsed before it was complete. This led to the plaintiff incurring a damage cost as a result (Kramer, 1964 p 32).

Reference

List

Boge, C. J. F. 2001. Justice for all?: native title in the Australian legal system. Brisbane, Lawyers Books Publications.

Carvan, J. 2002. Understanding the Australian legal system. Sydney, Lawbook Co.

Gray, G. R. 1983. An examination of standard of care in negligence cases involving school-related sports and games in Canada. Thesis (D. Ed.)--University of Oregon, 1983.

Hinchy, R. 2007. The Australian legal system: history, institutions, and method. Frenchs Forest, N.S.W., Pearson Education Australia.

Kramer, C. 1964. The rules of evidence in negligence cases. [New York], Practising Law Institute.

Stevenson, H. G. 1949. Investigation of negligence cases simplified. Newark, N.J., Associated Lawyer's Pub. Co.

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