Beruflich Dokumente
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Tutorial assessment
- Tutorial Class participation (5%)
- Presentation (5%)
- Contract Law In-class test (15%)
25%
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5
Total
Final examination
45%
Supplementary exam
100%
Verity Greenwood & John Selby, Session 2,
2016
Tutorials
Final exam
Exam comprising four (4) business law case studies.
- Tort law
- Agency law
- Consumer Protection law
- Property/Intellectual Property law
Only two double sided handwritten A4 cheat sheets written in
English allowed in the exam (no typed or photocopies)
Only hard copy translation dictionaries allowed.
Must pass the final exam to pass the course!
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Fairness
Legal system
Law's
ideal
ideals
characteristics
Flexibility
Accessibility
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State v Accused
(Punishment eg gaol)
CIVIL
Examples of laws
relevant to business
CRIMINAL
Examples of
business crimes
Extortion
Larceny
Arson
Stealing
Cyber attacks
Contract Law
Torts Law
Property Law
On the balance of
probabilities
Standard of proof
Verity Greenwood & John Selby, Session 2,
2016
Now usually
work
together
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Common Law
Common law is the law created by the reported decisions of judges.
Also known as:
case law;
precedent;
unenacted law;
unwritten law.
Common Law is:
a comprehensive system;
remedies not discretionary;
rights are enforceable at any time subject to statute of limitations;
valid against the whole world.
Verity Greenwood & John Selby, Session 2,
2016
17
Statute Law
Statute law are the laws created by State and Federal
parliaments.
Statute law is also known as:
legislation;
Acts of Parliament;
enacted law.
Verity Greenwood & John Selby, Session 2,
2016
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Statute Law
Statute law also includes laws made by other government
bodies.
This is known as delegated legislation and takes the form
of:
by-laws;
orders;
rules and regulations.
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Equity
Equity developed as a result of the growing inflexibility and rigidity of
the common law.
Equity implies fairness and justice in the law.
Not comprehensive.
Remedies are discretionary.
Require prompt attention.
Valid only against those specified in court.
Follows common law; it supplements it.
Only against individuals not property.
No application in criminal law.
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Equity
Equitable remedies include:
Injunction a court order directing a person to stop
doing something; and
Specific performance a court order directing a
person to carry out an obligation.
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Categories of law
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Constitutional
democracy
Liberal
democracy
Responsible
government
Federation
Australian
Legal
System
Separation
of Powers
Constitutional Monarchy
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Key characteristics
Liberal democracy:
Laws are made by, and executive government consists of,
elected representatives who exercise their power subject to the
rule of law and to the various Federal and State constitutions
e.g. The Cabinet
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.
Law that has evolved through judicial decision and practice
Verity Greenwood & John Selby, Session 2,
2016
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Event
Effect
1788 First colonists arrived in NSW Carried with them the English law
1814 Second Charter of Justice
1850 Australians Constitutions Act Created colony of Victoria and allowed colonies to establish
parliaments with two houses (bicameral)
(No 2) 1855 (Imp)
1855 NSW Constitution Act 1855
(Imp)
1865 (Imp)
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Separation of Powers
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COMMONWEALTH CONSTITUTION
Commonwealth Constitution
Cabinet has
Executive power
Parliament has
Legislative power
High Court
The Ministry
House of
Representatives
Senate
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Commonwealth
Exclusive powers
(Commonwealth only)
Examples
s.52: Exclusive powers of Parliament
s.90: Customs, excise and bounties
s.92: Free trade between the States
s.105: Taking over state public debts
s.114: Military forces
s.115: Currency
s.122: Government of federal territories
Concurrent powers
(Shared powers)
Residual powers
(State only)
Examples
Education
Local Government
Transport
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