Tutorial 1 – Introducing the Law and Introduction to Pirac PDF

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Question 1 Are law and justice one and the same thing? Discuss No. Law and justice are not the same thing. Law is what is in the statute books, a set of regulations and standards formulated by the government and international institutions, and based on the idea of justice. Usually will be executed by some part of a society. Justice is a concept based on rights, fairness and moral equality or ethical. Usually, different people do not agree on what is just in a particular situation. Law is a written norm that regulates the actions of citizens and the government itself in all aspects, while justice is a principle that may or may not be universally recognized.

Question 2 a. Distinguish between judge-made law and statute law b. Explain the doctrine of binding precedent a. The distinguish between judge-made law and statute law is that judge-made law is law that evolves with new decisions made by the court judge. Statute law refers to law that has been created by Parliament in the form of legislation. The nature of judge-made law is more instructive, while the nature of statute law is prescriptive. The judge-made law is created by the reported decisions of judges, and the statute law is created by State and Federal parliaments. Statute law is the most important source of law. It overrules common law in the event of a clash. b. The doctrine of binding precedent is that higher courts are binding on themselves and lower courts. When a judicial ruling has precedent, the ruling will obligate all judges in the lower courts to comply with the ruling.

Question 3 Distinguish between civil law and criminal law. The distinguish between civil law and criminal law lies in the legal measures between the two. The former is to take remedial measures for the victims, and the latter is to punish the offenders. Civil law deals with the rights and obligations of individuals that can be legally enforced in a private capacity. In the case of a civil law violation, one person initiates a legal action against another person to seek certain legal remedies, such as damages. Criminal law is a branch of public law. Criminal law is related to protecting society from specific anti-social behaviors in order to stop crimes and punish criminals, including theft, murder, drug dealing and so on. When people violate the criminal law and are convicted, they will be punished by relevant laws.

Question 4 Explain the main differences between an action brought in tort law and an action based in contract law. The main differences between an action brought in tort law and an action based in contract law are An action brought in tort law are when an individual or enterprise suffers losses due to the intentional or unintentional negligence of the other party, such as personal injury, and a tort lawsuit is filed when one party's civil rights are violated. In an action based in contract law refers to a certain agreement reached between people, the two parties signed the contract, but the other party breached the contract (didn't perform the contract), the parties proposed to the court to give legal protection to resolve contract disputes. In tort, this duty arises irrespective of any contract. an action based in contract law is the opposite. An action brought in tort law and an action based in contract law, on a certain issue, one of them can demand more compensation....