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1. INTRODUCTION: How do law subjects differ from other subjects 2. TEACHING METHOD: Importance of answering problems and tutorial work 3. TEXTS AND RESOURCES ( AND INTERNET): 4. ASSESSMENT: 5. ANSWERING LEGAL PROBLEMS: identify legal issues state relevant law apply law to the facts
INTRODUCTION TO LAW
OBJECTIVES:
to provide the necessary legal background for students to study commercial law to provide the foundations for undergraduate legal research to ensure that students understand the sources of Australian law to introduce some statutory law (consumer protection) To understand how to answer legal problems
INTRODUCTION: This topic provides an introduction to the legal system by examining the sources of our laws and the impact of common law, precedent, and legislation on the legal system. This knowledge is fundamental in understanding the business environment and being able to complete successfully the later topics in this course.
INTRODUCTION TO LAW
By the end of this lecture you will be able to:
explain sources of law
define what is meant by law, common law and legislation identify the main approaches to statutory interpretation identify the courts in the legal system and describe their hierarchy explain the doctrine of precedent and how it operates in the court system explain the classification of law and legal proceedings explain the court process and alternative ways of resolving disputes
WHAT IS LAW?
The question of what is the law receives different responses from different segments of society. Generally, the textbook answer is that it is legislation from Parliament or from bodies to whom the power has been delegated and also decisions from senior courts. Another approach is to view the law as a system that assists society function in a more cohesive fashion, although this system does not always balance moral, cultural and religious beliefs and values. Note the various issues and responses to the question what is law raised in your textbooks.
CLASSIFICATION OF LAW
The law can be classified in many different ways, one helpful method is to use the modern definition of separating law into enacted or Parliament made law and unenacted or judge made law. Another approach is to classify law by examining what specific areas law covers. For example: (i) civil and criminal law (ii) historical division of law into principles of common law and equity. There is also a further division based on geographical limits. For example, England and her ex-colonies have a common law system whereas the other European states have a civil code system. See for example the Roman Civil Code and The Napoleonic Code. Some of these classifications will be discussed further when we examine the sources of Au law.
SOURCES OF LAW
There are two main sources of law (i) common Law or unenacted Law (ii) legislative, statute or enacted law Common law (in the current context) means judge made law. Legislative, statute or enacted law refers to law made by governments sitting in their legislative capacity.
Government has three distinct areas of power (i) legislative ( Parlt and president Art 38) (ii) executive( President, PM, cabinet Art 23-24) (iii) the judiciary (Courts Art 93)
The separation of these powers is referred to as the separation of powers doctrine and stems from the Westminster principles of government
Supreme Court ( includes High Court, Court of Appeal and specialty courts - the Court of Appeal is the highest court in Singapore) Court of Appeal hears appeals from High Court
The High Court civil and criminal cases at first instance: -Civil cases where the claim exceeds $S250,000 -Criminal cases- penalty exceeds 10 years jail or death penalty -Appeal cases from subordinate courts Specialist courts: Admiralty Court, Intellectual Property Court Subordinate Courts District Court: civil- up to $S250,000 ( probate $3m) criminal penalties up to 10 years jail or fines. Magistrates Court: crime- 3 years jail or fine, civil $S60,000 Small Claims tribunal claims up to $S10,000 re the sale of goods or services
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DELEGATED LEGISLATION
Delegated legislation is also referred to as subordinate or secondary legislation. Delegated legislation is enacted law made under the authority of an Act of Parliament. This Act is often referred to as an empowering Act. The empowering Act delegates the authority to make regulations, rules and by-laws, government ministers and statutory authorities. Delegated legislation must come within the legislative powers conferred in the empowering Act or the resultant delegated legislation may be declared ultra vires and therefore invalid.
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CIVIL/CRIMINAL - TERMINOLOGY
Before leaving this introductory topic some discussion is needed of the words criminal and civil . The legal terminology as between criminal and civil differs so a clear understanding is needed of the correct language. In criminal matters the following words are important : accused, defendant, prosecuting, prosecutor, penalty, conviction, beyond reasonable doubt. Criminal cases are referred to in the following way: R v Smith or Public Prosecutor v Smith or similar usually indictable criminal offences (Ror PP) refers to the crown as prosecutor and Smith is the accused.) Smith v R or PP - indictable criminal matters on appeal In civil cases the following words are important: Plaintiff, applicant, defendant, sue, remedy, damages, appellant, respondent, on the balance of probabilities. Civil cases are referred to in the following way: Smith v Brown (Smith is the plaintiff and Brown the defendant).
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