FOUNATIONS OF LAW INDEX:

Similar documents
CHAPTER/LECTURE 1: Introducing the Law Law and Life Law and Personal Life

70102: FOUNDATIONS OF LAW 2. Basics: Australian Legal System

Foundations of Law. Class Method of Problem Solving: IRAC... 6 Class Discussion Notes Class Critical Thinking Class 3...

Commercial Law Outline. 4 th Edition

ANALYSING A CASE 4 DEFINITIONS 5 THE FEDERAL HIERARCHY OF AUSTRALIA 6 INTRODUCTION TO LEGISLATION 7

Legal Studies. Total marks 100. Section I Pages marks This section has two parts, Part A and Part B Allow about 45 minutes for this section

LAWS1052 COURSE NOTES

MLL110 Legal Principles Exam Notes

INTRODUCTION / FOUNDATIONS OF LAW SUMMARY

FOUNDATIONS OF LAW SUMMARY

Available NOW at your campus bookstore!

LEGAL STUDIES. Unit 2 Written Examination Trial Examination SOLUTIONS

Glossary of Terms for Business Law and Ethics

Year 11 Legal Studies Half Yearly Exam Prep Multiple-Choice Questions Answers With Explanations

FOUNDATIONS OF LAW SUMMARY

Legal Studies 2004 HIGHER SCHOOL CERTIFICATE EXAMINATION. Total marks 100. Section I

The Nature of Law. CML101 Lecture 1 The Australian Legal System. Derya Siva

LEGAL STUDIES. Victorian Certificate of Education STUDY DESIGN. Accreditation Period.

Law and Justice. 1. Explain the concept of the rule of law Example:

Legal Studies. Total marks 100. Section I Pages marks Attempt Questions 1 20 Allow about 30 minutes for this section. Section II Pages 9 21

Index Aboriginal Peoples, see Native Peoples Absolute liability offences Access to justice Access to the courts Definition Open c

LWB145 Week Seven Lecture Notes The Court Hierarchy

Legal Studies. Total marks 100. Section I Pages marks Attempt Questions 1 20 Allow about 30 minutes for this section

Contents. Introduction xvi. Unit 1: Our Legal Heritage 9. How to Use This Book xvi. How to Get the Most from This Course 2

THE ENGLISH LEGAL SYSTEM

Legal Studies 2010 HIGHER SCHOOL CERTIFICATE EXAMINATION. Total marks 100

Civil Procedure. The Origin of a Lawsuit. The Resolution of Private Disputes Chapter 2 Part 2 Civil Procedure

Statutory Interpretation LAWS314 Exam notes

What is Law? Class Discussion: Chapter 1 Introduction to Law 1/4/2012. Period Timeframe Highlighted legal feature

Criminal Litigation Accreditation Scheme Standards of competence for the accreditation of solicitors representing clients in the magistrates court

acquittal: Judgment that a criminal defendant has not been proved guilty beyond a reasonable doubt.

2015 LEGAL STUDIES ATTACH SACE REGISTRATION NUMBER LABEL TO THIS BOX

LEGAL DICTIONARY LAWSKOOL NEW ZEALAND

Introduction. Australian Constitution. Federalism. Separation of Powers

2 The Australian. parliamentary system CHAPTER. Australian parliamentary system. Bicameral structure. Separation of powers. Legislative.

rules state, prosecution litigation Justice

2013 LEGAL STUDIES ATTACH SACE REGISTRATION NUMBER LABEL TO THIS BOX

UNIT 1: GUILT AND LIABILITY

AUSTRALIAN PUBLIC LAW SUMMARY 2011

FOUNDATIONS OF LAW SUMMARY

Criminal Procedure Regulation 2005

Legal Studies. Stage 6 Syllabus

LAWS 1001 C. Come to the PASS workshop with your mock exam complete. During the workshop you can work with other students to review your work.

Criminal Procedure (Reform and Modernisation) Bill 2010

CHAPTER 1: COURT ADJUDICATION IN THE CIVIL JUSTICE SYSTEM 7 RIGHT TO A FAIR HEARING 7 COURT SUPPRESSION AND NON-PUBLICATION ORDERS ACT 2010 (NSW) 7

BLAW BUSINESS LAW, SECTION B3

2002 HSC Notes from the Marking Centre Legal Studies

2016 LEGAL STUDIES ATTACH SACE REGISTRATION NUMBER LABEL TO THIS BOX

YOU VE been CHARGED. with a CRIME What YOU. NEED to KNOW

Crimes Amendment (Child Pornography) Act 2004 No 95

2016 VCE Legal Studies examination report

Civil Law is known as Private Law. Regulates disputes between individuals; between parties; and between individuals and parties.

Legal Studies. Stage 6. Syllabus

How to use this book Acknowledgements

CRIMINAL LAW SUMMARY 2011

1.2 Distinguish between common law and equity. 1.3 Distinguish between civil law and criminal law

An Introduction to British Law

NATIVE TITLE & THE NATIONAL NATIVE TITLE TRIBUNAL ROBERT POWRIE PRACTICE DIRECTOR, NNTT.

2017 VCE Legal Studies examination report

Australia as a Nation: Australia s System of Government and Citizenship

Crimes (Sentencing Procedure) Act 1999 No 92

Table of Contents. The Author 3. List of Abbreviations 15. General Introduction 17. Part I. Sources of Constitutional Law 35. Chapter 1.

Principles of Common Law 4 January 2017

Robert I, Duke of Normandy. 22 June July 1035

Information about the Multiple Choice Quiz. Questions

After the initial charges are laid against the accused the trial should take place: After Preliminary inquiry: within six months to one year

End of First Nine Weeks

DIGITAL TEACHER RESOURCE PACK SAMPLE

Law. Module Descriptor

1.1 DEFINITION AND TYPES OF LAW

EXAM Study Guide Legal Principles and Skills: (Topics 1-2, 4-7)

BTT Syllabus Part A Subject areas relating to the QLD/CPE Foundation subjects August 2017

Victorian Bar Readers Course Entrance Examination Reading Guide

Submission to the Legal Affairs and Community Safety Committee. Victims of Crime Assistance and Other Legislation Amendment Bill 2016

Whistleblowers Protection Act 1994

So, You re Thinking of Filing A Lawsuit? San Mateo County Superior Court

4021LAW Civil Procedure Notes

5. There shall be a sitting of Parliament and of each legislature at least once every twelve months. (82)

CHAPTER 77 THE GOVERNMENT PROCEEDINGS ACT. Arrangement of Sections.

ROLE OF THE JUDICIARY IN EARTH JURISPRUDENCE:

PÀ ÁðlPÀ gádå G À Áå ÀPÀgÀ CºÀðvÁ ÀjÃPÉë (PÉ- Émï) KARNATAKA STATE ELIGIBILITY TEST (K-SET) FOR LECTUERSHIP

Part 1 of the Constitution Act, 1982 Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:

EMPLOYMENT COURT OF NEW ZEALAND PRACTICE DIRECTIONS

Judicial Branch. Why this is important What do I do if I m arrested? What are my rights? What happens in court?

CHAPTER 116A MAGISTRATE S COURTS

Particular Crimes can be grouped under 3 headings: Crimes against people Crimes against property Crimes against business interests

Canadian Systems of Law Contract and Tort Law for Professionals There are two systems of law that operate in Canada: Common Law and Civil Law.

The Judicial Branch. Chapter

Share Conclusions. Disciplinary Tools. Questions

Section I 20 marks (pages 2 6) Attempt Questions 1 20 Allow about 30 minutes for this section

Canadian charter of rights and freedoms

Court Records Glossary

Schedule B. Constitution Act, 1982 (79) Enacted as Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11, which came into force on April 17, 1982

Plaintiff Entrapment Municipal Hearsay Substantive Trafficking Counter Claim Provocation Probation Justice of the peace

Effective Criminal Case Management (ECCM) Project Data Request Single-Tier Courts

Law of the United States

Table of contents TABLE OF CONTENTS. The trial...3 Hierarchy of the courts...5 Dressing...4 Timeline...4/5

21/12/2009 A SURVEY COURSE. Agenda. 1. Topics Covered on the Exam. 2. Sample Exam Questions. 3. Questions

version 1.1 General Certificate of Education Law 1161 System Mark Scheme 2009 examination - June series

A BILL FOR A LAW FOR THE ADMINISTRATION OF CIVIL JUSTICE IN EKITI STATE EKITI STATE OF NIGERIA

Transcription:

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: common law equity, history, Norman Conquest, Feudalism 6-7 3: What is law Purpose of law Law and morality Natural law Legal positivism Australia s adherence to rule of law re: asylum seekers (one article) 4: Legal writing problem solving 11 critical thinking 11 5: British history Court hierarchy advantages, the different courts, appeals Doctrine of precedent 6: Case law Cohen v Sellar 15 V v P 15 Ratio/obiter 15 7: Case note Medium neutral citation Barrett v Ministry of defence How to write case note Case analysis and interpretation 8: Problem question Cattanach v Melchoir 18 Reasoning by deduction, induction and analogy 18 Legal principles and policy 18 9: British origins of parliament British history: Magna Carta, rise of parliament, Glorious revolution w/ dates Parliamentary sovereignty Adoption into Australia Types of democracy, Constitutional monarchy Universal suffrage Separation of powers Responsible gov t, representative gov t Rule of law 10: Statutory interpretation Latin maxims and cases Literal, purposive, contextual, common law, statutory Extrinsic materials 11: Navigating legislation: Structure of legislation Gambling Two up act 25 12: Legal research (case law) Case citators Law reports Case citation Legal research skills 13: Legal research (legislation and secondary sources) Legislation Secoundary sources Legal research books, journals, encyclopaedia, dictionary 14: Research strategy How to do one 8 8 9 9 9-10 12-13 13-14 16 16-17 16 17 19 19 20 20 20 20-21 21 22 23-24 23-24 26 26 26 27 28 28 29

15: History (Terra nullius to 1900) Repugnancy crisis Indigenous law- Aboriginal customary law- what it is, tribal punishment Terra nullius, doctrine of reception, Mabo Colonization timeline of colonial acts Treatment of Indigenous History of haphazard recognition R v Ballard, R v Murrell, R v Bonjon Treatment by British, situation in TAS Early legislative council 16: Problem question Ball v McIntyre Reading and analyzing cases 17: History (1901- now) Federal system, why federate? Protection era The Stolen Generation Constitution structure Constitutional conventions Division of power exclusive, concurrent, residual Rights and freedoms Changing the constitution Executive power in Aus Protection era of each state National system Right to vote 1967 referendum Adam Goodes article New Matilda Stolen wages 18: International law Being globally minded Different legal and governmental systems: monarchy, presidential etc, Common, civil, religious systems etc Types: public/private Monism v dualism Aus has dualism cases of Toonen Source of influence in Aus Implementing treaties in Aus China and US climate change deal Need for treaties Children in detention breach of CROC SMH article UN guilty on 150 cases Asylum seeker treatment breach of ICCPR UN Security Council, ICJ, ICC, GA 19: Indigenous law Definitions of customary law and pluralism Distinction between law and custom Mabo, Native title Recognition in aus law Circle sentencing NT intervention Option of a treaty, history of backlash Constitutional change The Drum article difference in understanding Native title since Mabo - Milirrpum v Nabalco Pty Ltd, Native title act, amendments Pluralism already existing? Haphazard recognition Incorporation Walker v NSW (trying to recognize criminal law) State attempts NT constitution, WA LRC Is constitutional reform bad? White people deciding Need for treaty 30 30-31 31 31-32 32-33 33 34-35 35 36-37 37 38 38 39 39-40 40 40-41 41 41-42 42 42-43 43 43-44 44 45 45-46 47 47 47-48 48 48-50- 51 51 51 52 54 54 54 55 55 55-56 56 56 56 57 57-58 58 59 59 60

20: Jurisprudence: Judicial reasoning Legal formalism strict formalism Moderate formalism Kirby, theorists Legal realism Judicial activism Brennan, Mabo, positives and negatives Critical legal studies indeterminacy thesis, law not stable, critical of liberalism Accountability of judiciary backlash after Wik Reasons for formalism Use of realism 21: Jurisprudence: law, class and gender Marxist legal theory: intro, overview of theory Historical context to Marxist feudalism to capitalism Class, capitalism, Industrial revolution Criticisms of Marxist SMH article companies getting away with crime Statistics on Australian economy Feminist legal theory overview on history, lobbying and changes to the law, sex discrimination, issues within the theory cultural, postmodern Attempts to educate Outsider jurisprudence General belief of feminist legal theory Liberal feminism Difference or cultural feminism Radical feminism Postmodern feminism Family public/private debate personal is the political Rights argument Women in rural courts 22: Jurisprudence: law, race and the environment Earth jurisprudence animal ethics Anthropocentric view overview Aristotle, Aquinas, Kantian Non- anthropocentric: some form of moral status Same moral status as humans Rights based approach Animal ethics law on cruelty Moral status of trees, ecosystem Ecological limits Earth s bleak status Earth Jurisprudence theorists of Keys to EJ Barriers to living in limits, how do we live in limits? Planetary boundaries how to make gov t structures, redesign Critical race theory: characteristics, history Key themes of CRT Race in society Post colonialism west v rest, decolonization Indigenous people hard to get a licence Indigenous numbers in jail 23: Jurisprudence: Louth v Diprose Difference between applied, distinguished, overruled Reasoning in Louth v Diprose Facts/summary of case, judges reasoning Legal feminist theory in practice Lisa Sarmas dominant narrative at play Deconstruction of the narrative Analysis of the judicial reasoning 61 62 63 63-64 64-65 65 65-66 66 67-68 68 68-69 69 69 70 70-71 71 71 72 72-73 73 73 74 74 75 75 76 76-77 77 77 77-78 78 78 79 79 79 79-80 80 80-81 82 82-83 83 83 83-84 84 85 85-86 86-89 89-92 89-92 89-92

2 and 5 Australian legal system and The British origins of the judiciary Sem 2 Topics: Ø Categories of law: the different ways that law is divided and classified o Criminal/civil o Public/private o Substantive/procedural o Domestic/international Ø Sources of law: o Primary source: cases and legislation o Secondary source: textbook, journals o International law Ø What is common law: o Comparison to legislation o Comparison to civil system o Comparison to equity Ø Problem solving using IRAC James and Field: pp 45-48, 96-97, 146-148, 158-161, 174-180 Substantive: system of legal rules that sets out the rights and obligations of individuals and the state Procedural: system of legal rules that regulate legal process such as civil litigation or criminal prosecution Ø What the law is (substantive) v how the law works (procedural) Within substantive, are public and private Public: relationship between the individual and the state. Establishes the rights and obligations of individuals and state when dealing with each other. Usually CRIMINAL law Types: Ø Constitutional: relationship between arms of government, and between government and citizens Ø Administrative: regulates admin activities of the government. The government is accountable for its actions, seek judicial review Ø Criminal: offences and penalties Ø Taxation: regulates admin and collection of tax Private: relationships between people in the community. Regulations of dealing with others. Usually CIVIL law Types: Ø Torts: remedy for those harmed by acts or omissions of others. Civil wrong other than contract breach. Eg trespass, negligence, defamation Ø Contract law: regulates agreements and promises - legally enforceable agreement Ø Property law: property rights in things (personal property) and land (real property) Ø Company law: establishment, management and dissolution of corporations Incidences can attract both criminal and civil cases eg physically assaulted can use tort (battery) and criminal offence Domestic: (municipal) regulates persons within a particular jurisdiction such as nation or state Ø Criminal: maintaining social order- state v person

Ø Civil: people v people, or government acting as person International: Ø Public international: regulates relationships between states treaties, conventions Ø Private: determines which states laws should be applied to resolve a dispute between people in different states Sources of law: Primary: legislation and case law those items that actually make up the law Ø Legislation: overrides case law. As parliament passes more legislation, community life more increasingly regulated by statute Can be both reactive and prospective Much wider applicability. Court decisions are only binding on the parties Ø Common law: still important as it interprets the law, decides its limits, defines terms. Also decide if legislation is constitutional Is reactive created to address an old problem Secondary: documents that summarise, critique, show the law eg textbooks, journals, dictionaries, government reports, parliamentary reports Delegated legislation: Ø Parliament passes parent legislation setting out overarching principles and objectives of a regulatory scheme and then delegates to an authority to make delegated legislation. Ø The authority may be the GG, Executive Council an individual minister, a local authority, a government department or government agency. Ø Most common form is regulations, which usually need to be tabled in parliament legislature can disallow Ø Routinely examined for relevance sunset clauses time runs out on regulation Ø Saves time of parliament who have less expertise, made by appropriately qualified experts, better able to devise a solution, easier and quicker to amend an instrument Ø However, is undemocratic- laws are supposed to be made by elected officials Ø Contributes to potential over- regulation of business and community Civil and Criminal Procedures (174-180) Civil: 1. Decision by plaintiff to litigate, consider evidence, cost time, stress, last resort. Issue a formal letter of demand to person being sued. If no agreement, litigation commences 2. Statement of claim writ or summons. Filed to court, served to defendant must receive. Defendant can produce a defence, may put in counterclaim. If no defence, go to court and seek default judgement plaintiff automatically wins 3. Pre trial: each party knows what other is doing can ask interrogatories must answer. Given relevant documents discovery. Can seek interlocutory order if other not cooperating. Once all info, issue certificate of readiness to court, hearing set. Many disputes settled in pre- trial 4. Plaintiff has burden of proof, standard is balance of probabilities 5. Opening statements, supporting evidence may be real evidence (objects to examine) or direct evidence (person account) 6. Plaintiff s evidence first examination in chief, cross, re- examination. 7. Defence in same order 8. Closing statements 9. Usually no jury, just judge 10. Remedies may be damages, injunction or specific performance

11. Order for costs mostly given to losing case 12. May be able to appeal on question of law Criminal: 1. Arrest or in minor offence, charged. Issue of bail decided, paying a surety 2. Proceedings begin when charged. Plead guilty or not guilty. If guilty, only sentencing 3. Prosecutor may offer a plea bargain. 4. If indictable offence, committal hearing is held in local court to see if enough evidence for trial 5. If charged with indictable, may have option to hear summarily in local court 6. Crown with burden of proof, standard is beyond a reasonable doubt 7. Same evidence types also evidence checked on relevance, admissibility and weight. Witnesses can be subpoenaed 8. Same order of evidence, closing statements 9. Judges summarise for jury, jury make decision in indictable criminal 10. Court decides sentence 11. May be able to appeal to higher court