-
Want to take part in this year's BoS Trials event for Maths and/or Business Studies? Click here for details and register now! -
YOU can help the next generation of students in the community! Share your trial papers and notes on our Notes & Resources page
Legal authority? (1 Viewer)
- Thread starter what971
- Start date
Re: Legal Authority in Law.
i don't think it should be in capitals.
when we say a proposition is supported by 'legal authority', it could mean it is supported by legislation, case law, or even the writing of authors. although in the last case, commentary usually becomes 'authority' only when it is approved by judges in case law.
i don't think it should be in capitals.
when we say a proposition is supported by 'legal authority', it could mean it is supported by legislation, case law, or even the writing of authors. although in the last case, commentary usually becomes 'authority' only when it is approved by judges in case law.
santaslayer
Active Member
Re: Legal Authority in Law.
Most problem law questions usually require legal authority for justification purposes.
Most problem law questions usually require legal authority for justification purposes.
Re: Legal Authority in Law.
If you can't really remember what legal authority is or how it's applied it's no biggie. Of all the things you study in a law degree, the concept of 'authority' stands out as one of the few things you'll never need or use.
Some academics may try to trick you into thinking it's something crazy like "the foundation upon which our legal system rests, no seriously", but they were just nerds in university who developed an inferiority complex from not getting invited to all the good parties. Focus all your studies on alcohol and the consumption of it, and you'll be sweet.
If you can't really remember what legal authority is or how it's applied it's no biggie. Of all the things you study in a law degree, the concept of 'authority' stands out as one of the few things you'll never need or use.
Some academics may try to trick you into thinking it's something crazy like "the foundation upon which our legal system rests, no seriously", but they were just nerds in university who developed an inferiority complex from not getting invited to all the good parties. Focus all your studies on alcohol and the consumption of it, and you'll be sweet.
melsc
Premium Member
- Joined
- Aug 17, 2004
- Messages
- 6,365
- Gender
- Female
- HSC
- 2005
Re: Legal Authority in Law.
Edit: Hmm re-reading that I was too lazy to pinpoint my reference... I found a better example from my second assignment. Here were actually had to pinpoint to support our summary of the ratio
The Justices again made reference to the differences in s 7(2) and s 8(2) of the Appropriation Act and their conclusion that departmental items are not restricted by the outcomes contained in the PBS. Thus the justices found this argument to be irrelevant to the proceedings. Combet v Commonwealth of Australia [2005] HCA 61 at[128]-[129], [134], [163] just shows I didn't make the ratio up
Its basically like using quotations to support something you say. E.g. The burden of proof rests on the plaintiff who must prove the actions of the defendant posed a reasonably foreseeable risk of damage or loss to a class of person of which they were a part of on the balance of probabilities Donoghue v Stevenson [1932] AC 562 . Its like in anything, in a psych essay you need to have references to support your argument...hope that helps.santaslayer said:
Edit: Hmm re-reading that I was too lazy to pinpoint my reference... I found a better example from my second assignment. Here were actually had to pinpoint to support our summary of the ratio
The Justices again made reference to the differences in s 7(2) and s 8(2) of the Appropriation Act and their conclusion that departmental items are not restricted by the outcomes contained in the PBS. Thus the justices found this argument to be irrelevant to the proceedings. Combet v Commonwealth of Australia [2005] HCA 61 at[128]-[129], [134], [163] just shows I didn't make the ratio up
Last edited:
MoonlightSonata
Retired
- Joined
- Aug 17, 2002
- Messages
- 3,645
- Gender
- Female
- HSC
- N/A
Re: Legal Authority in Law.
In answering a problem question, after every principle of law you state, you must always state the authority for it.
Eg - "Impossibility is not a defence to conspiracy: Barbouttis (1995)."
I suggest you try and get used to it asap, because authority is everything in law.what971 said:omg suddenly I really hate law...
In answering a problem question, after every principle of law you state, you must always state the authority for it.
Eg - "Impossibility is not a defence to conspiracy: Barbouttis (1995)."
santaslayer
Active Member
Re: Legal Authority in Law.
wtf i believe u'll find that most university courses compel some sort of authority for statements u make, not just law.what971 said:omg suddenly I really hate law...
Re: Legal Authority in Law.
Yes but this just confuses me...
The Justices again made reference to the differences in s 7(2) and s 8(2) of the Appropriation Act and their conclusion that departmental items are not restricted by the outcomes contained in the PBS. Thus the justices found this argument to be irrelevant to the proceedings. Combet v Commonwealth of Australia [2005] HCA 61 at[128]-[129], [134], [163] just shows I didn't make the ratio up
Of course, I have no idea what this case is, so it just might be that. meh..
Yes but this just confuses me...
The Justices again made reference to the differences in s 7(2) and s 8(2) of the Appropriation Act and their conclusion that departmental items are not restricted by the outcomes contained in the PBS. Thus the justices found this argument to be irrelevant to the proceedings. Combet v Commonwealth of Australia [2005] HCA 61 at[128]-[129], [134], [163] just shows I didn't make the ratio up
Of course, I have no idea what this case is, so it just might be that. meh..
Last edited:
melsc
Premium Member
- Joined
- Aug 17, 2004
- Messages
- 6,365
- Gender
- Female
- HSC
- 2005
Re: Legal Authority in Law.
In regards to using authority in other subjects I have found it vital across psych and social science, i was under the impression university levl writing will always require some sort of authority or reference to support the claims you make...
Lol thats mine, I didn't expect you to understand what I said since I doubt you have had the pleasure of reading through Combet, i was just demonstrating how I used the pinpoint references to support my summary of the ratio... It wasn't an easy case to understand trust me...what971 said:
In regards to using authority in other subjects I have found it vital across psych and social science, i was under the impression university levl writing will always require some sort of authority or reference to support the claims you make...
Re: Legal Authority in Law.
Dunno if what731 (or whatever the number was) is talking generally about finding an authority to support a principle but I have issues with how fiddly each citation is when doing footnotes. I have some fat guidebook in front of me and all i see are little rules over commas, full stops, square brackets, round brackets, pointed brackets....
perhaps im just a lazy sod but ARGHHHHHHHHH!
yeah that's true but citations for cases can be so tricky sometimes unlike references for other subjects.santaslayer said:
Dunno if what731 (or whatever the number was) is talking generally about finding an authority to support a principle but I have issues with how fiddly each citation is when doing footnotes. I have some fat guidebook in front of me and all i see are little rules over commas, full stops, square brackets, round brackets, pointed brackets....
perhaps im just a lazy sod but ARGHHHHHHHHH!
Last edited:
santaslayer
Active Member
Re: Legal Authority in Law.
yes, second is correct.
legal authority should be cited in full within the foot/endnotes
aqhahhaa...Sarah168 said:
yes, second is correct.
legal authority should be cited in full within the foot/endnotes
MoonlightSonata
Retired
- Joined
- Aug 17, 2002
- Messages
- 3,645
- Gender
- Female
- HSC
- N/A
Re: Legal Authority in Law.
Codelfa Construction v State Rail Authority of New South Wales (1982) 149 CLR 337.
...and always use CLR instead of ALR.
For a footnote, make sure you cite it in full though:what971 said:
Codelfa Construction v State Rail Authority of New South Wales (1982) 149 CLR 337.
...and always use CLR instead of ALR.