Australian government

Essay by unique21University, Bachelor'sB, March 2012

download word file, 9 pages 0.0

Table of Contents

Title page Page 2

Summary of judgement Page 3

Identification/description of legal theory Page 4

Critique of legal theory Page 6

References Page 10


This report is based on a case in the year 4300, and a judge's decision of punishment for the crime that had occurred. Firstly, the judgement of the case will be summarised. Secondly, the theory of law that the judge used whilst making the decision of punishment will be described. Thirdly, the theory will also be broken down, examined, and compared to another theory of law. Finally, the theory of law that will be used in this report is the positive theory of law. It will be concluded by summarising all the data that is provided in this report and if it the theory of law that was used in this case was applied correctly. Therefore, in summary, positive theory of law is a direct way of upholding the legislation and punishment is given in accordance to fit the crime.

Summary of Judgement

The judge whom sat this case, Truepenny, CJ in a court of law in the year 4300, found four defendants guilty of murdering their fellow companion. The key aspects that influenced that decision of the judge are what the statue of the legislation states about the murder of another person, facts presented to the court and jury and the juries inquiry to have special verdict based on the facts. Let us look at the first aspect, being the legislations statute. It is state that "Whoever shall wilfully take the life of another shall be punished by death" (Speluncean Explorers' Case Report). When deciding of the verdict of this case the judge relied upon the statute handing a guilty verdict. The judge used the statue, as it was the law...