of School Business BL502 Fundamentals of Law
Topic A Framework of the Australian Legal System
Preliminary points about lectures At the beginning of each lecture the lecturer will advise you of any administrative matters (supplementary information on assessment, changes to rooms, additional learning support classes being run, etc.). If you arrive late to class it is YOUR responsibility to check with another student what information has been given out. This information will also generally be put on the website. The objectives of this topic and the summary of topics to be covered in this first section of BL502 are listed below. You will receive one of these schedules at the beginning of each topic either via the website or in the lecture. Before each lecture we recommend you read the chapter(s) of the textbook indicated. You will need to take notes in class. This is a skill that you may find difficult at first, but like most things the more you do it, the better you become! Some tips may be given out during the lectures to help you. PowerPoint slides, overheads and other teaching tools will be used in class. You may need to summarise these during the lecture (generally they will be available online). Diagrams and flow-charts will also be used. As they are used to build knowledge, we recommend that you copy them down during the lecture, as they are either being drawn or explained. Some interaction during the lecture will also occur (e.g. a question from your lecturer). You are also encouraged to feel free to ask a question or to ask your lecturer to repeat something or to go slower. Remember, it is your learning experience that is important. Work for tutorials also will be distributed by topic. If you miss receiving any of the supplementary materials, it is YOUR responsibility to download and/or print from the website or to take a copy of a fellow student's. If you experience difficulties getting one in this way, then contact your lecturer or tutor.
Prepared by Chris Baker and Rosemary Shaw
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BL502 Fundamentals of Law
Topic A Lecture and Tutorial Guide
Essential Reading Sweeney, B. and O'Reilly, J. (2005). Law in commerce. (2nd ed.). Chatswood, NSW: LexisNexis Butterworths (prescribed text) Chapter 1 Crosling, G. M. & Murphy, H. M. (2000). How to study business law. (3rd ed.). Sydney, NSW: Butterworths (prescribed text) Chapters 1-3 and 7 Supplementary materials for Topic A (via website) UB student learning support: http://www.ballarat.edu.au/aasp/student/learning_support/services.shtml Additional reading Carvan, J. (2002). Understanding the Australian legal system. (4th ed.). Sydney, NSW: LBC Information Services. Chapters 1 6 Also see the introductory chapters of any Australian business law text Also see any relevant Internet sites (some of which are listed in the Unit Description) Objectives At the conclusion of this topic, you should be able to: understand the nature of law, its role in our society and its relationship with business; know the main classifications of law; appreciate that our law is influenced by social, economic, political and international considerations and be able to give examples of this; know the sources of Australian law; know in outline how the Australian legal system was formed and what it consists of; understand the Australian legal process and the role of the court system; understand how law is `developed' through the doctrine of precedent and in particular know: o what binding and persuasive precedents are; o what the rules of precedent are and how to apply them; and o how to distinguish between the ratio decidendi and obiter dictum; and understand the need for statutory interpretation and how judges interpret statutes.
Prepared by Chris Baker and Rosemary Shaw
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BL502 Fundamentals of Law Questions to consider
Topic A Lecture and Tutorial Guide
Finding the answers these to questions will help you summarise the learning material covered in Topic A. 1. What is meant by `law'? 2. What is meant by `the rule of law'? 3. Why do businesses need to know how the legal system operates and what the fundamental laws are? (Can you give examples?) 4. What are two main sources of Australian law? 5. What is `delegated legislation' and who makes it? 6. What are the differences between `common law' and `equity'? 7. What is the difference between `private law' and `public law'? 8. What are the differences between `civil' and `criminal' law? 9. What is a federal system of government? 10. To what does the `division of powers' refer? 11. On what constitutional powers did the Federal Government rely to pass the Trade Practices Act 1974 (Cth)? 12. What is the `separation of powers'? 13. Does Australia have a true separation of powers? Explain. 14. What does the Victorian court hierarchy consist of? 15. What federal courts exist and what matters can they hear disputes about? 16. What is the role of the High Court? 17. Why was the High Court's decision in the Mabo case important? 18. The Australian courts operate using the `adversary system'. What does this mean? 19. What is the difference between conciliation, mediation and arbitration? 20. What types of matters can the Victorian Civil and Administrative Tribunal (VCAT) hear? 21. How do courts decide what the words of a statute mean? 22. What is the `doctrine of stare decisis' (or the doctrine of precedent)? 23. When are precedents `binding'? 24. What is the function or role of a court hierarchy? 25. What is a `ratio' and what is `obiter dictum'? 26. What are the advantages and disadvantages of precedent? 27. If the courts have made a decision after hearing a dispute, can Parliament pass an Act/statute and `change that law'? 28. If a decision made using common law principles conflicts with a decision made using equitable principles, which decision will take precedence? 29. In a civil case, the plaintiff must prove their case beyond reasonable doubt. Is this statement true or false? 30. What is the difference between `summary offences' and `indictable offences'?
Prepared by Chris Baker and Rosemary Shaw
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BL502 Fundamentals of Law Tutorials Preliminary points about tutorials
Topic A Lecture and Tutorial Guide
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