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Man On The Bondi Tram
The man on the Bondi tram is a fictional legal character used in civil law in New South Wales, Australia, representing an ordinary person. Jurors, for example, have been directed to consider what the man on the Bondi tram would think of whether a statement is defamatory. The phrase borrows from the English formulation of the 'man on the Clapham omnibus', who personifies an average, reasonable person. It is comparable to the phrase 'the man in the street'. Government tram A tram (called a streetcar or trolley in North America) is a rail vehicle that travels on tramway tracks on public urban streets; some include segments on segregated right-of-way. The tramlines or networks operated as public transport are ...s were discontinued in Sydney in the 1960s, to be replaced by buses. References Legal fictions Law of Australia Australian English Placeholder names {{Australia-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Fiction
A legal fiction is a fact assumed or created by courts, which is then used in order to help reach a decision or to apply a legal rule. The concept is used almost exclusively in common law jurisdictions, particularly in England and Wales. Development of the concept A legal fiction typically allows the court to ignore a fact that would prevent it from exercising its jurisdiction by simply assuming that the fact is different. In cases where the court must determine whether a standard has been reached, such as whether a defendant has been negligent, the court frequently uses the legal fiction of the "reasonable man". This is known as the "objective test", and is far more common than the "subjective test" where the court seeks the viewpoint of the parties (or "subjects"). Sometimes, the court may apply a "mixed test", as in the House of Lords' decision in ''DPP v Camplin'' 1978. Legal fictions are different from legal presumptions which assume a certain state of facts until th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (common Law)
Civil law is a major branch of the law. Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the United States, the term refers to non- criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property (other than property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons (natural persons and legal persons) amongst themselves is the primary concern of civil law. It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary damages or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informers to sue for a penalty in civil procee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New South Wales
) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , established_date = Colony of New South Wales , established_title2 = Establishment , established_date2 = 26 January 1788 , established_title3 = Responsible government , established_date3 = 6 June 1856 , established_title4 = Federation , established_date4 = 1 January 1901 , named_for = Wales , demonym = , capital = Sydney , largest_city = capital , coordinates = , admin_center = 128 local government areas , admin_center_type = Administration , leader_title1 = Monarch , leader_name1 = Charles III , leader_title2 = Governor , leader_name2 = Margaret Beazley , leader_title3 = Premier , leader_name3 = Dominic Perrottet (Liberal) , national_representation = Parliament of Australia , national_representation_type1 = Senat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, smaller islands. With an area of , Australia is the largest country by area in Oceania and the world's List of countries and dependencies by area, sixth-largest country. Australia is the oldest, flattest, and driest inhabited continent, with the least fertile soils. It is a Megadiverse countries, megadiverse country, and its size gives it a wide variety of landscapes and climates, with Deserts of Australia, deserts in the centre, tropical Forests of Australia, rainforests in the north-east, and List of mountains in Australia, mountain ranges in the south-east. The ancestors of Aboriginal Australians began arriving from south east Asia approximately Early human migrations#Nearby Oceania, 65,000 years ago, during the Last Glacial Period, last i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Christopher Horan KC and Paul Vout KC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Roshan Chaile * Ella Delany * Bora Kaplan * Rudi Kruse * James McComish * William Newland * Alistair Pound SC * Daniel Reynolds * Alexander Solomon-Bridge * Julia Wang * Michael Wells * Jillian Williams * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented on and cited ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Deane
Sir William Patrick Deane (born 4 January 1931) is an Australian barrister and jurist who served as the 22nd governor-general of Australia, in office from 1996 to 2001. He was previously a Justice of the High Court of Australia from 1982 to 1995. Deane received his undergraduate education at the University of Sydney, and later studied international law at The Hague Academy of International Law in the Netherlands. Prior to joining the judiciary, Deane worked for periods as a barrister and university lecturer. He was appointed to the Supreme Court of New South Wales in 1977, and later that year was also appointed to the Federal Court of Australia. Deane was elevated to the High Court in 1982, and during his tenure was generally considered to fall on the court's progressive side. He retired from the court in 1995, and the following year was appointed governor-general on the recommendation of Paul Keating. Deane had a low profile during his five-year term, facing no major constitut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurors
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England during the Middle Ages and are a hallmark of the English common law system. As such, they are used by the United Kingdom, the United States, Canada, Ireland, Australia, and other countries whose legal systems were derived from the British Empire. But most other countries use variations of the European civil law or Islamic sharia law systems, in which juries are not generally used. Most trial juries are "petit juries", and usually consist of twelve people. Historically, a larger jury known as a grand jury was used to investigate potential crimes and render indictments against suspects. All common law countries except the United States and Liberia have phased these out. The modern criminal court jury arrangement has evolved out of the medie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bondi, New South Wales
Bondi () is a suburb of eastern Sydney, in the state of New South Wales, Australia, seven kilometres east of the Sydney central business district, in the local government area of Waverley Council. It is often colloquially referred to as "Bondy". Geography Bondi is a mostly medium and high-density residential area centred on Bondi Road, where the shopping area is situated. Bondi Beach is a neighbouring suburb and beach on the east side of Bondi. Bondi Junction is a neighbouring suburb and commercial centre to the west of Bondi. Tamarama, Bronte and Waverley are situated on the south side of Bondi. History Bondi is said to be a corruption of an Aboriginal word ''boondi'' meaning ''water breaking over rocks''. It has been spelt a number of different ways over time, e.g. Boondi, Bundi, Bundye. The current spelling was accepted in 1827. The whole Bondi area was part of an 1809 land grant of to road-builder William Roberts. In 1851, Edward Smith Hall, editor of the ''Sydney Moni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defamatory
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal definition of defamation and related acts as well as the ways they are dealt with can vary greatly between countries and jurisdictions (what exactly they must consist of, whether they constitute crimes or not, to what extent proving the alleged facts is a valid defence). Defamation laws can encompass a variety of acts: * Insult against a legal person in general * Defamation against a legal person in general * Acts against public officials * Acts against state institutions (e.g., government, ministries, government agencies, armed forces) * Acts against state symbols * Acts against the state itself * Acts against religions (e.g., blasphemy, discrimination) * Acts against the judiciary or legislature (e.g., contempt of court, censure) Histor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Man On The Clapham Omnibus
The man on the Clapham omnibus is a hypothetical ordinary and reasonable person, used by the courts in English law where it is necessary to decide whether a party has acted as a reasonable person would – for example, in a tort, civil action for negligence. The character is a reasonably educated, intelligent but nondescript person, against whom the defendant's conduct can be measured. The term was introduced into English law during the Victorian era, and is still an important concept in British law. It is also used in other Commonwealth of Nations, Commonwealth common law jurisdictions, sometimes with suitable modifications to the phrase as an aid to local comprehension. The route of the original "Clapham Horsebus, omnibus" is unknown but London Buses route 88 was briefly branded as "the Clapham Omnibus" in the 1990s and is sometimes associated with the term. History The phrase was reportedly first put to legal use in a judgment by Sir Richard Henn Collins Master of the Rolls, M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reasonable Person
In law, a reasonable person, reasonable man, or the man on the Clapham omnibus, is a hypothetical person of legal fiction crafted by the courts and communicated through case law and jury instructions. Strictly according to the fiction, it is misconceived for a party to seek evidence from actual people to establish how the reasonable man would have acted or what he would have foreseen. This person's character and care conduct under any ''common set of facts,'' is decided through reasoning of good practice or policy—or "learned" permitting there is a compelling consensus of public opinion—by high courts. In some practices, for circumstances arising from an ''uncommon set of facts,'' this person is seen to represent a composite of a relevant community's judgement as to how a typical member of said community should behave in situations that might pose a threat of harm (through action or inaction) to the public. However, cases resulting in judgment notwithstanding verdict can b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trams In Sydney
The Sydney tramway network served the inner suburbs of Sydney, Australia from 1879 until 1961. In its heyday, it was the largest in Australia, the second largest in the Commonwealth of Nations (after London), and one of the largest in the world. The network was heavily worked, with about 1,600 cars in service at any one time at its peak during the 1930s (cf. about 500 trams in Melbourne today). Patronage peaked in 1945 at 405 million passenger journeys. Its maximum street trackage totalled 291 km (181 miles) in 1923. History Early tramways Sydney's first tram was horse-drawn, running from the old Sydney railway station to Circular Quay along Pitt Street.''The 1861 Pitt Street Tramway and the Contemporary Horse Drawn Railway Proposals'' Wylie, R.F. Australian Railway Historical Society Bulletin, February, 1965 pp21-32 Built in 1861, the design was compromised by the desire to haul railway freight wagons along the line to supply city businesses and return cargo from the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
