Lecture 1 BFA601 Semester 1 2018.pptx

This may lead to another issue if so use irac again

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This may lead to another issue. If so use IRAC again. Use IRAC for each main issue Finally reach a final conclusion that answers the original question (solves the problem)
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26 Next Presentation Part 2 of this lecture starts by looking at Legal foundations: Introducing the Law Understanding the Australian legal system.
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© 2014 Reed International Books Australia Pty Limited trading as LexisNexis Chapter 1 The Australian Legal System David Parker Chapter 1 The Australian Legal System David Parker
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What is law? Legal rules to regulate public and private matters Non legal rules: customs and conventions FUNDAMENTALS OF THE AUSTRALIAN LEGAL SYSTEM What is Law? FUNDAMENTALS OF THE AUSTRALIAN LEGAL SYSTEM What is Law?
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What do laws do? They provide guidance for private and public matters They set out rights and duties between individuals and the individual and the state They assist to resolve disputes They provide mechanisms for protection, prevention, compensation and punishment FUNDAMENTALS OF THE AUSTRALIAN LEGAL SYSTEM What is Law? cont. FUNDAMENTALS OF THE AUSTRALIAN LEGAL SYSTEM What is Law? cont.
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Sources of law 1 Statutory law passed by parliament or delegated bodies 2 Case law or precedent created by courts FUNDAMENTALS OF THE AUSTRALIAN LEGAL SYSTEM What is Law? cont. FUNDAMENTALS OF THE AUSTRALIAN LEGAL SYSTEM What is Law? cont.
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Different laws Laws for a public purpose Laws for a private purpose Laws which affect both private and public purposes In BFA601 Just focussing on laws for a private purpose Civil law protecting individuals rights FUNDAMENTALS OF THE AUSTRALIAN LEGAL SYSTEM What is Law? cont. FUNDAMENTALS OF THE AUSTRALIAN LEGAL SYSTEM What is Law? cont.
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What is a good law system? Law is understandable Accessible Applies equally What about tax law, is this understandable, accessible or applying equally? FUNDAMENTALS OF THE AUSTRALIAN LEGAL SYSTEM What is Law? (1.1) cont. FUNDAMENTALS OF THE AUSTRALIAN LEGAL SYSTEM What is Law? (1.1) cont.
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The rule of law sets various presumptions Courts must apply law uniformly Every person is entitled to a fair hearing Every person is treated equally Law should not be applied retrospectively Administrative and executive bodies may be subject to review by courts FUNDAMENTALS OF THE AUSTRALIAN LEGAL SYSTEM The rule of law and natural justice ) FUNDAMENTALS OF THE AUSTRALIAN LEGAL SYSTEM The rule of law and natural justice )
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Natural justice Everyone must have notice of a hearing and be able to prepare No person who ‘has an interest’ in a matter can be in a judicial position Parties are permitted to ask questions and have representation Law tries to create fairness FUNDAMENTALS OF THE AUSTRALIAN LEGAL SYSTEM The rule of law and natural justice cont.
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