Commercial Law Outline. 4 th Edition
|
|
- Mae Day
- 5 years ago
- Views:
Transcription
1 1 Commercial Law Outline 4 th Edition
2 2 Commercial Law Notes (Weeks 1-12) TABLE OF CONTENTS I. Business and the Law... 4 A. The Nature of law... 4 II. The Australian Legal System... 5 A. Legal Systems... 5 B. The Australian Constitution... 6 III. Politicians and Judges... 8 A. Parliament in operation... 8 B. The Australian court system C. The doctrine of precedent IV. Deliberately Causing Harm A. Tort Law B. Trespass C. Nuisance Defamation Deceit V. Carelessly Causing Harm (Negligence, Misstatement) A. Duty of Care B. Breach of duty of care C. Harm D. Consequences A. Duty of Care B. Breach of duty of care C. Harm D. Conclusion VI. Contract Law A. Forming a Contract (Elements: Agreement (Offer and Acceptance), Intention, Consideration) i. Agreement (Offer + Acceptance) ii. Intention iii. Consideration B. Terms of a contract and Non-contractual Representations i. Express and implied terms ii. Parole Evidence Rule iii. Collateral Contracts iv. Misrepresentation C. Capacity, Legality, Consent (Factors that may make a contract unenforceable) i. Lack of capacity ii. Lack of legality iii. Lack of consent (mistake, undue influence, duress, unconscionability) D. Remedies and Ending the Contract... 55
3 (Elements: Rescission, Damages, Specific performance, Injunction, Frustration). 55 i. Rescission ii. Damages iii. Specific performance iv. Injunction v. Frustration VII. Dealing with Consumers A. General Protections I. Consumer protection against misleading conduct and unfair business practices B. Specific Protections i. Prohibitions against unfair practices ii. Statutory guarantees in consumer transactions XI. Managing a Business Business structures A. Sole trader B. Partnership C. Company
4 4 I. Business and the Law A. The Nature of law 1. Law is: the set of rules made by the state and enforceable by prosecution or litigation 2. Business law is: the set of rules regulating businesses and business activities made by the state and enforceable by prosecution or litigation Law s ideals: **CFAF** Certainty, Flexibility, Accessibility, Fairness 3. The purpose of law **RMPPSP** a. Resolves disputes b. Maintains social order c. Preserves and enforces community values d. Protects the disadvantaged e. Stabilises the economy f. Prevents the misuse of power 4. Why laws change: a. Political change b. Fixing a problem c. Changing values d. Lobby groups e. Changing technology 5. Types of justice a. Distributive justice: fair and proper distribution w/in a group/community. The law means to ensure such a fair and proper distribution i. Egalitarianism ii. Desert Theory iii. Utilitarianism b. Retributive: fair and proper response to a wrongful act c. Procedural: fair hearing/trial is held. All persons being prosecuted for a crime or civil lawsuit receives a fair hearing 6. Forms of government a. Monarchies b. Presidential systems c. Parliamentary republics d. Theocracies e. One party states
5 5 7. Categories of law II. The Australian Legal System A. Legal Systems 1. Australian Legal system (6 -- LCCFSR) a. Liberal democracy laws are made by, and the executive government consists of, elected representatives who exercise their power subject to the rule of law and to the various Federal and the State constitutions b. Common law legal system our legal system is based on the British legal system, and can be contrasted with other forms of legal system such as the civil law legal system Civil law made by judges legislation from codes, statues and constitutions c. Constitutional monarchy the Head of State of the Commonwealth of Australia of the various States is Elizabeth II, Queen of England They hold the position according to the will of Aus. peeps expressed in Australian Constitution d. Federation in addition to be the national Federal (or Commonwealth) government there are various State governments that are not subordinate to the Federal government Two levels of govt. are partners and share power e. Separation of powers: laws are made by a parliament administered by an Executive Council or Governor in Council interpreted and applied to particular cases by a court system
6 6 f. Responsible government the Ministers comprising the executive are elected representatives who are also member of and are answerable to the legislature 2. Division vs Separation of powers o o Division of power: division of law making power between Federal Government and State Government Separation of power: separation of L, E, and J power (works efficiently and effectively when SHARED) B. The Australian Constitution 1. History a. The British settled Australia rather than conquered it because they did not recognize the indigenous laws in place b. Doctrine of reception: British settlers brought British law with them according to this c. Terra Nullius: gone to a place where is no law conquering a country British settled in Aus. d Commonwealth of Australia came into existence giving certain powers to the federal government and at the same time retained their individual identities and legislative authority e. Today Federal, State and Territory government are free from interference from British parliament f. The final step is to become republic Exclusive powers Concurrent powers Residual powers Federal Parliament only Federal and State Parliaments State Parliaments only Examples Customs Defence Currency Territories Examples Taxation Marriage Banking External affairs Examples Education Property Crime Health 2. Federal/State relations
7 7 a. If the Federal Parliament has not legislated in relation to any of the matters listed in s 51, then that matter remains within the regulatory authority of the States b. If a State parliament has made a law in relation to one of these matters, and the Federal Parliament makes a law in relation to the same matter, then s 109 of the Australian Constitution provides that the latter shall prevail and the former shall, to the extent of the inconsistency, be invalid 3. Changing the Constitution a. The proposed amendment must: i. Be passed by an absolute majority of both houses of parliament ii. Be put to the Australian voters in the form of a referendum and passers by o A majority of voters o A majority of states iii. 40 attempts only 8 have been successful 4. The executive government a. Executive power power to administer the law, i.e. carry on the business government and maintain order and security b. According to the Australian Constitution: i. executive power of the Commonwealth is vested in the Queen (figure head); and ii. exercisable by the Governor-General as Queen s representative c. Governor-General: to act on the advice of the Federal Executive Council consisting of the: i. various Ministers ii. members of Parliament appointed by the Governor-General (adviced by the Prime Minister to administer the various departments of the Federal public service) (Governor-General takes advice) d. State constitutions vest executive power in the Governor advised by the Premier and the Ministers, known collectively as the Governor in Council e. Territories executive power is vested in the Administrator advised by the Chief Minister and the other Minsters, known collectively as the Executive Council 5. Public service a. The policies and decisions of the Executive Council/Governor in Council and of the Cabinet are implemented by the various departments and agencies of the Federal, State or Territory public service
8 8 b. If a person is not happy with a decision made by a government department or agency, they may be assisted by: The ombudsman representative of people Freedom of information legislation The Administrative Appeals Tribunal Judicial review In relation to Administrative matters Administrative justice: administrative law 6. Delegated legislation a. Legislation made by a body other than parliament, and to whom the parliament has delegated law-making power. III. Politicians and Judges A. Parliament in operation 1. Legislative power: is the power to make law, and in Australia is exercised by the Federal Parliament and the various State and Territory parliaments 2. Structure of parliament a. Bicameral: two houses Upper and Lower house b. Territory parliaments: only one house 3. Lower House Federal Parliament a. The House Representatives is the people s house, providing equal representation for the people of Australia b. Australia is divided into electorates about 150-with roughly equal numbers of voters, each of which elects a representative c. The political party with the majority of members in the House of Representatives forms executive government d. Prime Minister member of the lower house 4. Upper House Federal Parliament a. The Senate is the States house ; it protects the rights of the States b. There is an equal number of Senators from each State (12) in order to protect the interests of the less populous States; the Territories are represented by 2 Senators each. c. The founders of the Constitution recognised the danger that the Lower House would favour those States, and the composition of the Upper House addressed that risk by giving other States the opportunity to oppose any biased legislation 5. Parliament in Operation a. Parliament process i. Proposal
9 9 ii. Drafting of Bill iii. Lower house iv. Upper house v. Royal assent vi. Commencement b. Bill readings i. First reading ii. Second reading and debate iii. Committee iv. Third reading c. A Bill that has been successfully passed by both Houses of Parliament is not law until it receives the Royal Assent of the Crown Representative d. Crown Representative acts on the advice of the executive government e. The Act will commence: i. From the date specified in the Act, or ii. A date to be fixed by proclamation, or iii. If the Act is silent as to its commencement: - From the date of Royal Assents (State acts), or - 28 days after Royal Assent (Federal acts) f. Parliament has the power to declare an Act to be retrospective, but this power is used sparingly g. In relation to the Federal Parliament, s 57 of the Australian Constitution provides that: i. If the Upper House fails to pass a Bill passed by the Lower House, and ii. After three months the Bill is once again passed by the Lower House and rejected by the Upper House h. The Governor-General is empowered to dissolve both Houses, known as a double dissolution i. If after the new Parliament is appointed the deadlock reoccurs, the Governor- General can convene a joint sitting of both Houses. j. Double dissolutions rare k. Types of legislation i. 5 types of Act: a) Original Acts: Passed for the first time, taking over regulation/completely replacing a previous Act b) Amendment Acts: Act that changes an existing Act c) Repealing act: Abolishes and existing Act superseded (replaced) d) Consolidating or reported Acts: brings all the statute law (in a particular area) into a single Act e) Reviving Acts: revised legislation that was previously been 6. Pressures to change the law a. Law reform body b. Media c. Courts d. Government policy e. Lobby groups f. Public servants
10 10 B. The Australian court system 1. The judiciary a. Judicial power: the power to interpret the law and to apply it in the resolution of particular disputes - exercises by the courts (common law) Courts (highest to lowest) Original Jurisdiction Appellate jurisdiction High Court 5-7 Justices Disputes relating to: the interpretation of the Aus. Constitution, constitutional validity of Federal legislation, between the States Matters in which the Commonwealth is suing/being sued Federal Court of Aus. Single judge Deals with matters relating to Federal legislation: Consumer protection, competition regulation, intellectual property disputes, bankruptcy Family Court of Aus. Single judge Federal Circuit Court of Aus. Hears matters: Divorce process, property settlements, maintenance and custody of children Shares jurisdiction with Fed and Family courts about Supreme Courts Single judge Civil: jury of 4, 6, 12 Criminal: compulsory jury of 12 Intermediate courts (District Courts) Unlimited civil and criminal jurisdiction (w/in State or Territory) Civil: relevant financial limit (option jury of 6) Criminal: indictable offences other than the most serious crimes (e.g. murder) dealt with by the Supreme Courts (compulsory jury of 12) Lower courts Most common type of court in Australia 3, 5, 7 justices Hears appeals from the decisions of: State and Territory Supreme Courts, Federal and Family Court, any High Court Justice exercising original jurisdiction Full Court (3 judges) Hears appeals: Decisions of single Federal Court judges/federal Circuit Court Full Court Hears appeals: Single judge of the Family Court, Federal Magistrates Court, State and Territory magistrates Mostly Family law, but could be about any other than this Three judges Hears appeals: Other courts lower in the court hierarchy in the same State/Territory, lower courts on points of law, intermediate courts on all issues Hears appeals: Lower courts in criminal matters issues relating to the sentences and questions of fact Also hear:
11 11 Civil: relevant financial limit Criminal: minor offences (e.g. shoplifting, traffic offences) Worker s compensation claims Application for restoration, cancellation or suspension of driver licenses Bail applications Committal proceedings 2. Jurisdiction a. refers to the scope of the court s authority b. Original and appellate jurisdiction i. Original jurisdiction: court of first instance (decided for the first time) ii. Appellate jurisdiction: the jurisdiction of the court to hear appeals from other courts that are lower in the hierarchy c. Criminal and civil jurisdiction i. Criminal trials: breached criminal law (summary and indictable offences) ii. Civil trials: person suing each other under the civil law d. Specialised courts i. tribunals and decision-making bodies 3. Court processes a. The system of dispute resolution used in modern Australian courts is called the adversarial system b. The parties fight it out until one of them is declared a winner by an impartial referee in the form of a judge c. Within strict rules of procedure and evidence the parties have complete responsibility for the conduct of their case d. The judge observes and listens to the proceedings, ensures that all rules of procedure and evidence are applied fairly and consistently, allows both parties to be heard and, unless there is a jury, decided the case e. The adversarial system can be contrasted with the inquisitorial system in courts in civil law countries (used commonly in Europe) C. The doctrine of precedent 1. The doctrine of precedent (stare decisis) a. The decisions of most courts are recorded and published, leading to the creation of a second source of law: case law b. Binding precedent: previous decision about a question of the law that the judge must follow - EXAMPLE: judge in the District Court of Victoria is obliged to follow a decision made by the Supreme Court of Victoria, but they are not obliged to follow a decision made by the Victorian Magistrates Court/decision made by the Supreme Court of New South Wales. - binding downwards
12 12 c. Persuasive precedent: previous decision about a question of law that a judge may follow - EXAMPLE: judge in the Victorian District Court is not obliged to follow a precedent from the Supreme Court of New South Wales, but since the New South Wales and a Victorian legal systems are so similar, the precedent from the Supreme Court of New South Wales will be highly persuasive. - appealing upwards d. Decisions of courts outside the particular hierarchy are not binding but may be persuasive e. A court may also reject or overrule precedent about questions of law f. Within the extremely large body of case law that has developed, two important categories can be identified: common law and equity 2. Alternative dispute resolution a. Negotiation b. Mediation c. Conciliation d. Arbitration 3. Case reports a. ratio decidendi ( reason for the decision ) part of a judge s decision which sets out the legal principle upon which the decision was based, and which is binding precedent (FINAL JUDGEMENT) b. obiter dicta ( saying by the way ) part of a judge s decision other than the legal principle upon which the decision as based, including the identification of the relevant evidence, and discussion of alternative legal principles, alternative decisions if the facts had been different and the historical development of the legal principles used in reaching the final decision (HYPERTHETICAL JUDGEMENT) c. First instance the first time this matter has been seen at any court 4. Rules of interpretation
Year 11 Legal Studies Half Yearly Exam Prep Multiple-Choice Questions Answers With Explanations
Advice: Do the questions first. Have a really good attempt at it. Use a pencil if you can, since that allows you to rub off the answer and attempt it again. Check the answers afterwards. Pay special attention
More informationCHAPTER/LECTURE 1: Introducing the Law Law and Life Law and Personal Life
CHAPTER/LECTURE 1: Introducing the Law Law and Life Law and Personal Life - Contract: legal agreement between 2 or more parties - Have a contract with sale of goods from local supermarket, and contract
More informationANALYSING A CASE 4 DEFINITIONS 5 THE FEDERAL HIERARCHY OF AUSTRALIA 6 INTRODUCTION TO LEGISLATION 7
Table of Contents ANALYSING A CASE 4 DEFINITIONS 5 THE FEDERAL HIERARCHY OF AUSTRALIA 6 INTRODUCTION TO LEGISLATION 7 PRINCIPLES IN RELATION TO STATUTES AND SUBORDINATE LAWS 7 MAKING STATUTES: THE PROCESS
More information2 The Australian. parliamentary system CHAPTER. Australian parliamentary system. Bicameral structure. Separation of powers. Legislative.
CHAPTER 2 The Australian parliamentary system This chapter explores the structure of the Australian parliamentary system. In order to understand this structure, it is necessary to reflect on the historical
More informationAvailable NOW at your campus bookstore!
This is the prescribed textbook for your course. Available NOW at your campus bookstore! Introduction to the legal system Chapter 1 The law The law is a set of legal rules that governs the way members
More informationLAWS1052 COURSE NOTES
LAWS1052 COURSE NOTES INTRODUCTION TO LAW AND JUSTICE LAWS1052: Introduction to & Justice Course Notes... 1 Chapter 1: THE DISTINCTIVENESS OF AUSTRALIAN LAW... 1 Chapter 15: INTERPRETING STATUTES... 3
More information1.2 Distinguish between common law and equity. 1.3 Distinguish between civil law and criminal law
Tech Level Unit 1 Title: Level: Level 3 Credit Value: 10 INTRODUCTION TO LAW AND THE LEGAL SYSTEM IN ENGLAND AND WALES Guided Learning Hours 60 Learning outcomes Assessment criteria Knowledge, understanding
More information2017 VCE Legal Studies examination report
2017 VCE Legal Studies examination report General comments Students responded well to the 2017 Legal Studies examination. Most students attempted all questions, and there were a number of high-quality
More informationThe Nature of Law. CML101 Lecture 1 The Australian Legal System. Derya Siva
CML101 Lecture 1 The Australian Legal System Derya Siva Email: Derya.Siva@cdu.edu.au 1 At the end of this topic you should know and this lecture will focus on: Nature of the law System Sources of law:
More informationINTRODUCTION TO LEGAL SYSTEM
Mercantile Law Legal System of Pakistan 01 INTRODUCTION TO LEGAL SYSTEM INTRODUCTION TO LAW Definition of Law means a set of rules or a system of rules of conduct designed and Law enforced by the state
More informationIntroduction. Australian Constitution. Federalism. Separation of Powers
Introduction Australian Constitution Commonwealth of Australia was formed on 1st January 1901 by the Commonwealth of Australia Constitution Act (Imp) Our system is a hybrid model between: United Kingdom
More informationLWB145 Week Seven Lecture Notes The Court Hierarchy
LWB145 Week Seven Lecture Notes The Court Hierarchy Lecture Outline Queensland Court Hierarchy o Original civil jurisdiction o Original criminal jurisdiction o Appellate jurisdiction Federal Court Hierarchy
More informationJudicial Precedent Revision
Judicial Precedent Revision Stare Decisis Stare decisis means: stand by what has been decided. Points of law that have been decided in previous similar cases must be followed. This makes the system CONSISTENT,
More information2013 LEGAL STUDIES ATTACH SACE REGISTRATION NUMBER LABEL TO THIS BOX
External Examination 2013 2013 LEGAL STUDIES FOR OFFICE USE ONLY SUPERVISOR CHECK ATTACH SACE REGISTRATION NUMBER LABEL TO THIS BOX RE-MARKED Tuesday 19 November: 1.30 p.m. Time: 3 hours Examination material:
More information2016 VCE Legal Studies examination report
2016 VCE Legal Studies examination report General comments The 2016 Legal Studies examination was a challenge for some students. Students should respond to the question, use the stimulus material in their
More informationa) The body of law as made by judges through the determination of cases. d) The system of law that emerged following the Norman Conquest in 1066.
1. Who of the following was NOT a proponent of natural law? a) Aristotle b) Jeremy Bentham c) St Augustine d) St Thomas Aquinas 2. The term 'common law' has three different meanings. Which of the following
More informationLEGAL STUDIES. Victorian Certificate of Education STUDY DESIGN. Accreditation Period.
Accreditation Period 2018 2022 Victorian Certificate of Education LEGAL STUDIES STUDY DESIGN www.vcaa.vic.edu.au VICTORIAN CURRICULUM AND ASSESSMENT AUTHORITY Authorised and published by the Victorian
More informationIndex Aboriginal Peoples, see Native Peoples Absolute liability offences Access to justice Access to the courts Definition Open c
Index Aboriginal Peoples, see Native Peoples Absolute liability offences 180-81 Access to justice Access to the courts 133-35 Definition 133-35 Open courts principle Definition 137-38 Costs of 139 Practical
More informationIntroduction 2. Common Law 2. Common Law versus Legislation 5. How to Find and Understand Law 6. Legal Resources 8.
Changing Your Name CHAPTER CONTENTS Introduction 2 Common Law 2 Common Law versus Legislation 5 How to Find and Understand Law 6 Legal Resources 8 Legal Notices 10 2016 Caxton Legal Centre Inc. queenslandlawhandbook.org.au
More informationLetter STUDENT NUMBER LEGAL STUDIES. Written examination. Wednesday 9 November 2016
Victorian Certificate of Education 2016 SUPERVISOR TO ATTACH PROCESSING LABEL HERE Letter STUDENT NUMBER LEGAL STUDIES Written examination Wednesday 9 November 2016 Reading time: 2.00 pm to 2.15 pm (15
More informationCommon law reasoning and institutions
Common law reasoning and institutions England and Wales Common law reasoning and institutions I. The English legal system and the common law tradition II. Courts, tribunals and other decision-making bodies
More information2006 Assessment Report Legal Studies GA 3: Written examination
2006 Legal Studies GA 3: Written examination GENERAL COMMENTS The new examination format for 2006 worked successfully for most students. The marks available for each question and the lines provided for
More informationZIMBABWE SCHOOL EXAMINATIONS COUNCIL (ZIMSEC) ORDINARY LEVEL SYLLABUS/SCHOOL CERTIFICATE LAW (2292)
ZIMBABWE SCHOOL EXAMINATIONS COUNCIL (ZIMSEC) ORDINARY LEVEL SYLLABUS/SCHOOL CERTIFICATE LAW (2292) EXAMINATION SYLLABUS FOR NOVEMBER EXAMINATION ONLY Aims 1. To stimulate a study of the principles and
More informationEXAM Study Guide Legal Principles and Skills: (Topics 1-2, 4-7)
EXAM Study Guide Legal Principles and Skills: (Topics 1-2, 4-7) At the completion of Topic 1 students should be able to: Explain the myths and realities of legal practice. Myths: - All lawyers earn a lot
More informationBTT Syllabus Part A Subject areas relating to the QLD/CPE Foundation subjects August 2017
BTT Syllabus Part A Subject areas relating to the QLD/CPE Foundation subjects August 2017 Contents Public Law (Constitutional Law, Administrative Law and Human Rights) Syllabus... 2 Law of the European
More informationHow to use this book Acknowledgements
How to use this book Acknowledgements xi xiii CHAPTER 1 Skills for Legal Studies 1 Language skills 2 1. Planning to write, and writing 2 Writing paragraphs (for explanations or summaries), and extended
More informationThe Constitution. Printed on 1 January together with. Proclamation Declaring the Establishment of the Commonwealth
The Constitution Printed on 1 January 2012 together with Proclamation Declaring the Establishment of the Commonwealth Letters Patent Relating to the Office of Governor-General Statute of Westminster Adoption
More informationAUSTRALIA S CONSTITUTION. With Overview and Notes by the Australian Government Solicitor
AUSTRALIA S CONSTITUTION With Overview and Notes by the Australian Government Solicitor Produced by the Parliamentary Education Office and Australian Government Solicitor, Canberra Commonwealth of Australia
More information2016 LEGAL STUDIES ATTACH SACE REGISTRATION NUMBER LABEL TO THIS BOX
External Examination 2016 2016 LEGAL STUDIES FOR OFFICE USE ONLY SUPERVISOR CHECK ATTACH SACE REGISTRATION NUMBER LABEL TO THIS BOX RE-MARKED Friday 11 November: 9 am Time: 3 hours Examination material:
More informationThe Constitution. together with
The Constitution AS IN FORCE ON 1 JUNE 2003 together with Proclamation Declaring the Establishment of the Commonwealth Letters Patent Relating to the Office of Governor-General Statute of Westminster Adoption
More informationContents. Introduction xvi. Unit 1: Our Legal Heritage 9. How to Use This Book xvi. How to Get the Most from This Course 2
Contents Table of Cases ix Table of Statutes xiii Acknowledgements xv Introduction xvi How to Use This Book xvi How to Get the Most from This Course 2 Researching Legal Concepts 2 Making Notes 2 Studying
More informationLEGAL STUDIES. Unit 2 Written Examination Trial Examination SOLUTIONS
LEGAL STUDIES Unit 2 Written Examination 2015 Trial Examination SOLUTIONS SECTION A: (25 marks) Question 1 a. Precedent Also known as stare decisis which is to stand by what has been previously decided.
More information1.1 DEFINITION AND TYPES OF LAW
1 English legal system The following topics are covered in this chapter: Definition and types of law Court system Sources of law Legislation Rules of statutory interpretation Human Rights Act 1998 1.1
More informationAn Introduction to British Law
Prof. Francis Lyall An Introduction to British Law Second Edition Nomos Verlagsgesellschaft Baden-Baden TABLE OF CONTENTS Editor's Introduction 14 Author's Preface 15 Author's Preface to Second Edition
More informationUNIT 4 OVERVIEW- TOWARD THE EXAM
VCE LEGAL STUDIES UNIT 4 OVERVIEW- TOWARD THE EXAM presented by ANNIE WILSON (Presbyterian Ladies College) September 2015 Overview of session 3: 11.45am 12.30pm An overview of the Unit 4 course with a
More informationTenant Advocacy Practice Note Residential tenancies and the Australian Consumer Law
Tenant Advocacy Practice Note 13-02 Residential tenancies and the Australian Consumer Law Background Residential tenancies are primarily regulated by the Residential Tenancies Act 1997 (the RTA). However,
More information2012 Bill 6. First Session, 28th Legislature, 61 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 6
2012 Bill 6 First Session, 28th Legislature, 61 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 6 PROTECTION AND COMPLIANCE STATUTES AMENDMENT ACT, 2012 MR. JENEROUX First Reading.......................................................
More informationCivil and Administrative Tribunal Act 2013 No 2
New South Wales Civil and Administrative Tribunal Act 2013 No 2 Contents Part 1 Part 2 Preliminary Page 1 Name of Act 2 2 Commencement 2 3 Object of Act 2 4 Definitions 2 5 Notes 3 6 Meaning of application
More informationCornerstones of Australian Law
Cornerstones of Australian Law Third edition Callie Harvey Copyright 2009 The Tilde Croup Table of Contents Table of Contents Part A - The Australian Legal System Chapter 1 - The basis of Australian law
More information2015 LEGAL STUDIES ATTACH SACE REGISTRATION NUMBER LABEL TO THIS BOX
External Examination 2015 2015 LEGAL STUDIES FOR OFFICE USE ONLY SUPERVISOR CHECK ATTACH SACE REGISTRATION NUMBER LABEL TO THIS BOX RE-MARKED Friday 6 November: 9 a.m. Time: 3 hours Examination material:
More informationLetter STUDENT NUMBER LEGAL STUDIES. Written examination. Tuesday 11 November 2014
Victorian Certificate of Education 2014 SUPERVISOR TO ATTACH PROCESSING LABEL HERE Letter STUDENT NUMBER LEGAL STUDIES Written examination Tuesday 11 November 2014 Reading time: 3.00 pm to 3.15 pm (15
More informationTruth Is Treason In An Empire Of Lies
"Truth Is Treason In An Empire Of Lies" Founding and Primary Law Commonwealth of Australia Constitution Act 1901 as Proclaimed and Gazetted. It s only 22 pages, READ IT Every State created a Local Government
More informationLaw and Justice. 1. Explain the concept of the rule of law Example:
Revision Activities The Essential Influences on Law 1. Explain the concept of the rule of law. Example:... 2. What are the main influences on the law? 1... 2... 3... 4... 5... 3. Briefly explain how each
More informationDoes customary law or religious law has a formal status in the country? Yes S. 170 and 171
1. TABLE OF CONTENT 2. I. Introduction 3. - Highlighting the problem of access to documentation does this mean access to cases? Rules of court? Other? 4. Presumption: It is supposed that a Constitutional
More informationEnglish Law and Terminology. JUSTINE K. COLLINS
English Law and Terminology. JUSTINE K. COLLINS The English Court System. The old structure. The new structure Introduction. The English Court system is two-tiered- with one branch for civil cases and
More informationversion 1.1 General Certificate of Education Law 1161 System Mark Scheme 2009 examination - June series
version 1.1 General Certificate of Education Law 1161 Unit 1 (LAW1) Law Making and the Legal System Mark Scheme 29 examination - June series This mark scheme uses the new numbering system which is being
More informationCOMMUNITY WELFARE ACT 1987 No. 52
COMMUNITY WELFARE ACT 1987 No. 52 NEW SOUTH WALES TABLE OF PROVISIONS PART 1 PRELIMINARY 1. Short title 2. Commencement 3. Interpretation 4. Objects of community welfare legislation 5. Delegation PART
More informationACCA. Paper F4 eng Corporate and business law. Pocket notes
ACCA Paper F4 eng Corporate and business law Pocket notes Corporate and business law British library cataloguing-in-publication data A catalogue record for this book is available from the British Library.
More informationContractual Remedies Act 1979
Reprint as at 1 September 2017 Contractual Remedies Act 1979 Public Act 1979 No 11 Date of assent 6 August 1979 Commencement see section 1(2) Contractual Remedies Act 1979: repealed, on 1 September 2017,
More informationOverview of the Law-making Process in South Africa. Pippa Reyburn
Overview of the Law-making Process in South Africa Pippa Reyburn Framework of Discussion: Constitutional framework Public participation in the law-making process Institutions involved in law-making National
More informationIntroduction to the English Legal System. English Legal System
to the English English Legal System The United Kingdom 3 jurisdictions Why study English law? English as lingua franca? Mother jurisdiction for all common law jurisdictions Commercial awareness of English
More informationSession 9. Sources of law 2
Session 9 Sources of law 2 British Law Features 1 English law is distinctive in that unlike other judicial systems it is based on the practice of precedent and thus written texts are not always necessary
More informationUNIT 1: GUILT AND LIABILITY
2018 2022 UNIT 1: GUILT AND LIABILITY UNIT 1: Guilt and Liability Criminal law and civil law aim to achieve social cohesion and protect the rights of individuals. Criminal law is aimed at maintaining social
More informationSouth Australian Employment Tribunal Bill 2014
6.8.2014 (4) South Australian Employment Tribunal Bill 2014 REPORT Today I am introducing a Bill to establish the South Australian Employment Tribunal, with jurisdiction to review certain decisions arising
More informationUnit 3 Dispute Resolution ARE 306. I. Litigation in an Adversary System
Unit 3 Dispute Resolution ARE 306 I. Litigation in an Adversary System In an adversarial system, two parties present conflicting positions to a judge and, often, a jury. The plaintiff (called the petitioner
More informationAN INTRODUCTION TO THE LAW OF CONTRACT
AN INTRODUCTION TO THE LAW OF CONTRACT P. S. ATIYAH Formerly Professor of English Law in the University of Oxford FIFTH EDITION CLARENDON PRESS OXFORD 1995 Contents Table of Cases i. The Development of
More informationConstruction Industry Long Service Leave Act 1997
Version No. 010 Construction Industry Long Service Leave Act 1997 Version incorporating amendments as at 1 March 2005 TABLE OF PROVISIONS Section Page PART 1 PRELIMINARY 1 1. Purpose 1 2. Commencement
More information2014 Examination Report 2014 Legal Studies GA 3: Examination
2014 Legal Studies GA 3: GENERAL COMMENTS Overall, students responded well to the 2014 VCE Legal Studies examination. Most students attempted all questions, and time was managed well, with very few students
More informationComplaints to the Ombudsman
Complaints to the Ombudsman CHAPTER CONTENTS Introduction 2 Complaints to the Commonwealth Ombudsman 2 Complaints to the Queensland Ombudsman 4 Legal Notices 9 2016 Caxton Legal Centre Inc. queenslandlawhandbook.org.au
More informationEstate Agents (Amendment) Act 1994
No. 86 of 1994 Section 1. Purpose 2. Commencement 3. Part II substituted TABLE OF PROVISIONS PART 1 PRELIMINARY PART 2 RESTRUCTURING PART IIA THE ESTATE AGENTS COUNCIL 6. Estate Agents Council 6A. Objectives
More informationProfessional Examinations
Professional Examinations Paper F4 (ENG) Corporate and Business Law EXAM KIT Section 1 MULTIPLE CHOICE QUESTIONS ENGLISH COURT STRUCTURE 1 Which of the following is NOT a track to which a civil case can
More informationklm Mark Scheme General Certificate of Education January 2011 Law Making and The Legal System Unit 1
klm General Certificate of Education January 2011 Law LAW01 Law Making and The Legal System Unit 1 Mark Scheme Mark schemes are prepared by the Principal Examiner and considered, together with the relevant
More informationIndustrial Relations Act 1996 No 17
New South Wales Industrial Relations Act 1996 No 17 Contents Chapter 1 1 2 3 4 5 6 7 8 9 Preliminary Name of Act Commencement Objects Dictionary Definition of employee Definition of industrial matters
More informationThe sources of English Law
Inglese giuridico Prof.ssa C.M. Cascione The sources of English Law Lezioni n. 4-5 A) THE LEGISLATION Legislative sources are:! primary legislation (Acts of Parliaments/statutes)! secondary legislation
More informationThe Constitution (Amendment) (Tobago Self-Government) Bill, 2018
Bill Essentials Overview BACKGROUND AND PURPOSE OF THE BILL... 2 KEY FEATURES OF THE BILL... 3 The Right to Self-Determination... 3 Equality of Status... 3 A Tobago Legislature... 3 A Tobago Executive
More informationAdvocate for Children and Young People
New South Wales Advocate for Children and Young People Act 2014 No 29 Contents Page Part 1 Part 2 Part 3 Preliminary 1 Name of Act 2 2 Commencement 2 3 Definitions 2 Advocate for Children and Young People
More informationNo. 11 of An Act to create a Supreme Court of the Northern Territory of Australia, in place of the Supreme Court previously established.
NORTHERN TERRITORY SUPREME COURT. Short titl. No. 11 of 1961. An Act to create a Supreme Court of the Northern Territory of Australia, in place of the Supreme Court previously established. [Assented to
More informationGeneral Certificate of Education Advanced Subsidiary Examination
Version 1.1 General Certificate of Education Advanced Subsidiary Examination Law LAW01 Unit 1 Law Making and the Legal System Specimen paper for examinations in June 2010 onwards This question paper uses
More informationGeneral Certificate of Education Advanced Subsidiary Examination
Version 1.2 General Certificate of Education Advanced Subsidiary Examination Law LAW01 Unit 1 Law Making and the Legal System Specimen paper for examinations in June 2010 onwards This question paper uses
More informationState Owned Enterprises Act 1992
No. 90 of 1992 TABLE OF PROVISIONS Section 1. Purposes 2. Commencement 3. Definitions 4. Subsidiary 5. Act to prevail 6. Act to bind Crown PART 1 PRELIMINARY PART 2 STATUTORY CORPORATIONS: REORGANISATION
More informationRoad Transport (Driver Licensing) Act 1998 No 99
New South Wales Road Transport (Driver Licensing) Act 1998 No 99 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Commencement 2 3 Objects of Act 2 4 Definitions 3 5 Application of Commonwealth Acts
More informationVictorian Funds Management Corporation Act 1994
,; '< r" Victorian Funds Management Corporation Act 1994 Section 1. Purpose 2. Commencement 3. Definitions 4. Extra-territorial operation No. 61 of 1994 TABLE OF PROVISIONS PART 1 PRELIMINARY PART 2 VICTORIAN
More informationGRADE 9 Social Studies Canada: Opportunities and Challenges
GRADE 9 Social Studies Canada: Opportunities and Challenges 9.1 Issues for Canadians: Governance and Rights General Outcome Students will demonstrate an understanding and appreciation of how Canada s political
More informationFOUNATIONS OF LAW INDEX:
FOUNATIONS OF LAW 70102 INDEX: 2: Australian legal system Categories of law: crim, public/private, substantive/procedural, domestic/int 4 Sources of law, delegated legislation 5 5: British legal system:
More informationLegal Studies. Total marks 100. Section I Pages marks Attempt Questions 1 20 Allow about 30 minutes for this section
2013 H I G H E R S C H O O L C E R T I F I C A T E E X A M I N A T I O N Legal Studies Total marks 100 Section I Pages 2 6 20 marks Attempt Questions 1 20 Allow about 30 minutes for this section General
More informationHow A Bill Becomes a Law in Canada
How A Bill Becomes a Law in Canada 1 It all starts here... Watch "The Legislative Process in Canada" 1. Why do we have laws? 2. What is the "Rule of Law"? 3. Who enforces Canada's laws? 4. What is the
More information510 Introduction to Commercial Law
Prescription: 510 Introduction to Commercial Law Elective prescription Level 5 Credit 20 Version 2 Aim Prerequisites Students will demonstrate knowledge and skills in law relevant to business. nil Assessment
More information1 of 5 8/27/2014 2:11 PM Units: Teacher: LawandJustice, CORE Course: LawandJustice Year: 2012-13 Constitutional Law and Justice process of ethical decision-making and how does this process relate to law?
More informationStep Two: If you still did not like the decision, you could take it for an external review
Step Two: If you still did not like the decision, you could take it for an external review THEME: The effectiveness of legal mechanisms in achieving justice for individuals and society HIGH COURT (FULL
More informationContract Law in Context
Contract Law in Context Disclaimer No person should rely on the contents of this publication without first obtaining advice from a qualified professional person. This publication is sold on the terms and
More information70102: FOUNDATIONS OF LAW 2. Basics: Australian Legal System
70102: FOUNDATIONS OF LAW 2. Basics: Australian Legal System Categories of Law 1. What are the differences between criminal and civil law? Criminal law establishes criminal offences and their penalties
More informationCriminal Procedure (Reform and Modernisation) Bill 2010
Digest No. 1819 Criminal Procedure (Reform and Modernisation) Bill 2010 Date of Introduction: 15 November 2010 Portfolio: Select Committee: Published: 18 November 2010 by John McSoriley BA LL.B, Barrister,
More informationDRAFT. 24B What are the freedoms and responsibilities of citizens in Australia s democracy?
Unit 1 Government and democracy Democracy in is a democracy. In a democracy, each citizen has an equal right to influence the political decisions that affect their society. This means that each person
More informationrules state, prosecution litigation Justice
The Nature of Law What is Law? o Law can be defined as: A set of rules Made by the state, and Enforceable by prosecution or litigation o What is the purpose of the law? Resolves disputes Maintains social
More informationPART I THE SCOTTISH PARLIAMENT
An Act to provide for the establishment of a Scottish Parliament and Administration and other changes in the government of Scotland; to provide for changes in the constitution and functions of certain
More information64 Contractual Remedies 1979, No. 11
64 Contractual Remedies 1979, No. 11 ANALYSIS 8. Rules applying to cancellation 'fitle 9. Power of Court to grant relief 1. Short Title and commencement 10. Recovery of damages 2. Interpretation 11. Assignees
More informationNo. 27 of Colonial Courts of Admiralty Act 1890 (Adopted). Certified on: / /20.
No. 27 of 1890. Colonial Courts of Admiralty Act 1890 (Adopted). Certified on: / /20. INDEPENDENT STATE OF PAPUA NEW GUINEA. No. 27 of 1890. Colonial Courts of Admiralty Act 1890 (Adopted). ARRANGEMENT
More informationThe Nature of Law. Lesson One. Aims. Context. Note. The aims of this lesson are to enable you to
Lesson One Aims The aims of this lesson are to enable you to define what law is distinguish law from morality and justice, where appropriate indicate how and why law is divided up into separate areas of
More informationOlympic Co-ordination Authority Act 1995 No 10
New South Wales Olympic Co-ordination Authority Act 1995 No 10 Contents Part 1 Preliminary 1 Name of Act 2 Commencement 3 Definitions Page 2 2 2 Part 2 Constitution of Olympic Co-ordination Authority 4
More informationTreasury Laws Amendment (Putting Consumers First Establishment of the Australian Financial Complaints Authority) Bill 2017 No.
0-0 The Parliament of the Commonwealth of Australia THE SENATE Presented and read a first time Treasury Laws Amendment (Putting Consumers First Establishment of the Australian Financial Complaints Authority)
More informationPart of the requirement for a criminal offence. It is the guilty act.
Level 1 Award/Certificate/Diploma in Legal Studies Glossary of Terms Term Action Actus reus Barrister Breach of duty of care Case law Chartered Legal Executive Civil law Claimant Common law compensation
More informationWorkplace Relations Regulations 2006
Workplace Relations Regulations 2006 Select Legislative Instrument 2006 No. 52 as amended made under the Workplace Relations Act 1996 and Workplace Relations Amendment (Work Choices) Act 2005. This compilation
More information2012 Bill 6. Fifth Session, 27th Legislature, 61 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 6 PROPERTY RIGHTS ADVOCATE ACT
2012 Bill 6 Fifth Session, 27th Legislature, 61 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 6 PROPERTY RIGHTS ADVOCATE ACT THE MINISTER OF ENVIRONMENT AND WATER First Reading.......................................................
More informationFoundations of Law. Class Method of Problem Solving: IRAC... 6 Class Discussion Notes Class Critical Thinking Class 3...
Table of Contents Foundations of Law Class 1... 6 Method of Problem Solving: IRAC... 6 Class Discussion Notes... 6 Class 2... 6 Critical Thinking... 6 Class 3... 6 The Law... 6 Substantive and Procedural
More informationBERMUDA LABOUR RELATIONS ACT : 15
QUO FA T A F U E R N T BERMUDA LABOUR RELATIONS ACT 1975 1975 : 15 TABLE OF CONTENTS 1 2 3 4 5 5A 5B 5C 5D 5E 5F 5G 5H 5I 5J 5K 5L 5M 5N 5O 5P Interpretation Application of Act PART I PART II ARBITRATION,
More informationCHAPTER V PARLIAMENT PART I THE NATIONAL ASSEMBLY
CHAPTER V PARLIAMENT PART I THE NATIONAL ASSEMBLY 31. Parliament of Mauritius (1) There shall be a Parliament for Mauritius, which shall consist of the President and a National Assembly. (2) The Assembly
More informationJustice (Northern Ireland) Act 2004
Justice (Northern Ireland) Act 2004 CHAPTER 4 CONTENTS The judiciary 1 Transfer to Lord Chancellor of functions relating to Judicial Appointments Commission 2 Membership of the Commission 3 Duty of Commission
More informationTHE CPAP STUDY GUIDE TO VCE LEGAL STUDIES
THE CPAP STUDY GUIDE TO VCE LEGAL STUDIES 7th edition (2018) Megan Blake ISBN: 978-1-921813-44-3 The CPAP Study Guide to VCE Legal Studies, 7th Edition (2018) 1 ABOUT THE AUTHOR Megan Blake (LLB, BA (Melb)
More informationACKNOWLEDGEMENTS. The Guyana Association of Women Lawyers. (GAWL), in collaboration with the National. Commission on Women has prepared the text of
ACKNOWLEDGEMENTS The Guyana Association of Women Lawyers (GAWL), in collaboration with the National Commission on Women has prepared the text of this booklet on The Revised Constitution of Guyana 2001.
More informationAustralia as a Nation: Australia s System of Government and Citizenship
Francis Burt Law Education Programme Australia as a Nation: Australia s System of Government and Citizenship Year 6 Student Post-Visit Resource JUNE 2018 Points to Think About After Your Visit to the Francis
More information