Saturday, October 5, 2019
Law of Electronic Commerce and the Internet Essay - 1
Law of Electronic Commerce and the Internet - Essay Example The taxation, customs, trade practices, industrial law, bankruptcy, immigration, administration law, patents, copyright, environment law, sexual and racial discrimination, access to information will be dealt by Federal court of Australia. Federal court will hear the class actions that involve seven or more people who have claims against the one defendant. The family court will deal with family laws. It deals with divorce, division of property and maintenance, child related matters, determining parenting orders and plans. The court to appeal on the decision of family court is high court. The magistrates court of the federal legal system deals with providing the action for litigants and eases the work load of the federal and family court. Thus it works as a complex lessening part in the federal judicial system as the jurisdiction is concurrent with family and federal court. 1 The state legal system's first stage is the magistrate court. The state coroner's office, victims of crimes assistance tribunal, work related injuries and perin courts are part of this system. The majority of the criminal and civil matters that proceed to court will be dealt by magistrate court. The offences of less serious in nature will be dealt by this court system. It is having civil jurisdiction and is the immediate court that can be approached in any case. The next stage in the state legal system is the county court of Victoria. It has both criminal and civil jurisdiction in concurrent with Supreme Court. The person who is not in agreement with the magistrate's court can appeal to county court and the appeal court for this is supreme court of the state. The supreme court of any state will have trial and appeals division that deals with the differentiation of the disputes and appeals. The appeal court for this part of the court system in the state legal system is high court of the country. The high court is the top of the legal hierarchy in Australia. As a result it has both criminal and civil jurisdiction and is the ultimate court to appeal. It can resolve the interstate disputes and thus the federal system prevails over the state legal system. References 1. law institute Victoria, 2007, Australia legal system, Law Institute Victoria, ,electronic, 3-9-07, http://www.liv.asn.au/public/legalinfo/court/ 2. Law institute Victoria, 2007, Australia legal system, law institute Victoria, ,electronic, 3-9-07, http://www.liv.asn.au/public/legalinfo/court/court-The-2.html Question 2 Jurisdiction is the power of the court or the right of the administration that can apply their laws on a particular context or issue. In the absence of internet and e commerce, the Jurisdiction used to depend on the geographical context of the occurrence of the incident. The advent of internet is making the concept of jurisdiction more complex and the administrations are compelled to make new laws regarding jurisdiction in the issues involving internet. In relation to internet there are contexts that raised the question of the authority of the courts in various places. As the electronic communication involves the border crossing the internet is borderless. This needs a definition of jurisdiction of its own without relating to the previous understanding of jurisdiction. The law used to deal with the physical movement or presence that
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