LEGAL CONTEXT

Making Decisions in a legal a Context

Making Decisions in a legal a Context

Question 1: The legal System, Foundations and Courts

Part A

1. a.A claim for breach of contract for $600,000

Supreme Court is responsible for hearing cases that involve a claim of more than $250,000. Therefore, a claim for breach of contract for $600,000 would be held in the Supreme Court in Australia (Barry, 2007, p. 33-36).

1. b.A debt recovery action for $50,000

In accordance to the legislation governing courts in Western Australia, a debt recovery action more than $10,000 to an amount of upto $75,000 fall in the category of general claims. Such claims are made in general claims division Magistrates Court of Western Australia. Therefore, this debt recovery action will be carried out in general claims division Magistrates Court of Western Australia (Barry, 2007, p. 33-36).

1. c.A personal injury action for serious injuries where an amount of $1,500,000 is being claimed as compensation.

A claim action for serious injuries of an amount of $1,500,000 can be made in the supreme court in Australia, in accordance with the legislation governing courts in Western Australia (Barry, 2007, p. 33-36).

1. d.An appeal from the District Court in a civil matter.

There are multiple registries of the Magistrate Court of Western Australia that are existant through out the state, in which an appeal from the District Court in a civil matter can be claimed, in accordance to the legislation governing courts in Western Australia (Barry, 2007, p. 33-36).

2.What is the Court of Appeal? Identify the role of the Court?

A Court of Appeal is the intermediate appellate court within the federal system of a country. The Court of Appeal plays the role of deciding on the appeals from the district courts (Barry, 2007, p. 33-36).

Part B

Court of Australia banned cigarette packs with logos

The High Court of Australia recognized a new constitutional law banning tobacco companies to place their logos on cigarette packages. Under the law, all tobacco products are to be sold in the same olive green packs, and instead of branding companies they are printed pictorial warnings about the dangers of smoking. Leading manufacturers of cigarettes, including British American Tobacco and Philip Morris, tried to challenge the new law in court.

The New packaging rules will take effect from the 1st of December 2012. According to BBC.com, "At least, most of the judges said that the law does not contradict (Australian Constitution)", - said in a brief statement (Barry, 2007, p. 33-36).

Counterfeit products

The law was passed by the Government of Australia last year. Authorities believe the same and unattractive cigarette packaging will help reduce the number of smokers in the country. Tobacco producers argue that the rejection of the bright packaging and logos would drastically reduce profits. They also warn that the new rules could lead to the appearance on the market of counterfeit products. "It's like a bad law, which will benefit only the organized criminal group that illegally sell tobacco on our streets", - says Scott McIntyre, a representative of British American Tobacco ...