BUS 393 Chapter Notes - Chapter 2: Judiciary Of Australia, Judicature Acts, Ultra Vires

• School: Simon Fraser University
• Department: Business Administration
• Course: BUS 393
• Professor: Shafik Bhalloo

Document Summary

Civil law legal system: traces back to emperor justinian (had roman law codified for use throughout the roman empire); then was revised by. Didn"t hear appeals from common law courts but provided an alternative forum (it provided relief, as ppl who knew common law court couldn"t provide fair remedy went to the court of chancery) Confederation: every jurisdiction except quebec adopted the english common law legal system, quebec elected to retain the use of the. Statutes: the english civil war of the 17th century est. the principle that parliament, not the king, was supreme and that parliament shall handle any major modification to the law. Federal section 91 powers: trade and commerce: laws affecting import/export/taxation/money, employment insurance, raising monies by any mode of taxation, criminal law (although not its enforcement, banking, currency, postal service, residual power under the p. o. g. g clause, intellectual property rights. If overlap is incidental both are valid and both are operative.