Free Essay

Introduction to the Law

In: Business and Management

Submitted By deserrie
Words 364
Pages 2

Introductory points about Commercial Law

1. Ignorance of the law is no excuse as a defence
2. PLAINTIFF – brings the action DEFENDANT – defends the action
3. Burden of proof is on the Plaintiff (Applicant)
4. Standard of proof is on the balance of probabilities (degree of proof)
5. Result in Court or a Tribunal is a JUDGEMENT
6. The Court may also apply a REMEDY such as awarding damages or costs or both
7. The law is just a collection of RULES that must be enforced for the protection of all citizens.
8. ETHICS is also a set of rules that a person or institution decides to follow. The highest form of ethics is the law because it must be followed. A lower form of ethics is a Code of Conduct where an institution adds more rules to that of the law. The lowest form of ethics is a persons own morality that governs their behaviour, although some people (eg religion) try to claim that their morality is the only morality and therefore should be included in the law.

Background to the Law

1. English influence
2. Role of Judges is to interpret the law
3. Judges must have knowledge of statutes (law) and precedent which is reporting of previous judgements that may apply to a new case.
4. Role of Parliament is to make laws with some delegation to various authorities such as District and City Councils
5. Codification is an arrangement or system of law. It is not used in many countries following English law because it can be corrupted by Government. Instead, precedent is used.
6. EQUITY is a philosophical approach to the law that asks if justice has been done.
7. Disputes Tribunals can also rule on fairness where a person of less power and resources is treated equally with a person of more power and resources.
8. Our law comes from the principles of the Rule of Law (protection of a person’s rights), English statutes 9starting with the Magna Carta 1297 and the Bill of Rights 16880 and precedents, NZ statutes and precedents, conventions of the constitution and recourse to the Treaty of Waitangi where applicable.

Similar Documents

Premium Essay

Introduction to the Law

...Part Introduction to the Law 1. 2. 3. 4. 5. 6. 7. 8. Law, Legal Reasoning, and the Legal Profession Dispute Settlement Business Ethics and Corporate Social Responsibility Business and the Constitution Crimes Intentional Torts Negligence and Strict Liability Licensing and Intellectual Property 1 Chapter 1 1. 2. 3. 4. 5. 6. 7. Law, Legal Reasoning, and the Legal Profession LO Learning Objectives After you have studied this chapter, you should be able to: Identify the basic functions of law. List the various sources of law. Analyze a case using the four steps in the process of legal interpretation. Make a legal decision by applying the three-step, stare decisis process. Explain how law is able to change despite of stare decisis. Read a judicial decision and identify which school of legal jurisprudence the judge has followed. Explain when the attorney–client privilege and work product privilege arise and when they are lost. Jennifer regularly smoked marijuana and crack cocaine throughout the duration of her pregnancy. While she was in labor, she used rock cocaine. After the child was born with an addiction to cocaine, Jennifer was charged with violating a state law that provided: “It is unlawful . . . to deliver any controlled substance to a person under the age of 18 years.” The state asserted that Jennifer “delivered” cocaine to her child via blood flowing through the child’s umbilical cord in the 60- to 90-second period after the baby was......

Words: 13402 - Pages: 54

Premium Essay

Introduction to Law

...MIDLANDS STATE UNIVERSITY FACULTY OF LAW NAME : IVY TATENDA GUMBO MODULE: INTRODUCTION TO LAW REG NUMBER: R125548P LECTURER: MS CHAKAUYA TUTORIAL QUESTIONS DUE DATE: 8 APRIL 2013 QUESTION 1:Highlight the functions of law in society.Your answer must take into consideration the theories of law and its individual relationship Law can be defined as a set of rules and regulations which govern societal relationships and is enforced by the state through institutions such as the police,courts ,prisons etc.However many schools of thoughts have tried to define law since the term law means different things to different people.According to the Natural theory law should take into account of morals in a community.A Positivist theory says that law is law regardless of the moral content.This suggestion advances the idea that law remains law whether or not it is just or unjust,fair or unfair.The Marxist theory defines law as an instrument of class oppression that is the rich oppressing the poor.On the other hand some critic scholars like Hlalo and Kahn defined law as rules governing human conduct that is recognized as binding by the state and if necessary enforced. The purpose of law is to enforce morality inorder to prevent harm to others.According to Lord Delvin,a society has a right to punish any kind of act that is immoral.Most legal rules are derived from morality.Morals can be defined as ......

Words: 2497 - Pages: 10

Free Essay

Introduction of Law

...Andrew Rusinko Col Writing II 1320.027 Introduction of Law Hazing happens in many different facets of our lives either it being at school or at work. It is a common thing especially at the university level of education here in the United States. There have been multiple cases of hazing at the university level with in the previous decade here in the state of Texas. The Texas State Penal Code section 4.52 states that “hazing is any intentional knowing, or reckless act, occurring on or off the campus of an education institution, by one person alone or acting with others, directed against a student that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are students at an education institution” ("Center for Students Rights and Responsibilities"). This covers many different types of hazing whether it is consumption of liquids, like water or alcoholic beverages, electro-shocking, whipping and paddling just to name some examples. Relatively, anything that could be detrimental to the student or pledge either physically or mentally is hazing. There are also different punishments listed in the penal code for different outcomes such as not reporting or if the hazing results in death. Furthermore, the organization on the campus could be suspended indefinitely by the campus depending on the severity of the incident such as...

Words: 791 - Pages: 4

Premium Essay

Introduction to Law

...a) This is a case filed at the Court of Appeal and follows a judgment passed by the trial judge that the appellant should compensate the respondent $318,288 in damages[1]. The respondent had brought a claim in negligence following an incident at the State High School on 5 December 2008 whereby he was assaulted by a student and sustained injuries leading to brain damage[2]. The allegations presented forward were that the school has failed to provide the teachers and the staff with the right information regarding T’s tendency towards violence even with minor provocation[3]. This was based on an earlier event 6 weeks ago whereby T was involved in another similar altercation with another student[4]. Following this judgment by the trial judge, the appellant then appealed against the decision on two key issues: the first one was that the judge had erred in the findings that the appellant might have breached the duty to care for the respondent, and secondly, the trial judge had failed to offer the relevant findings related to causation[5]. After a notice of contention was offered, it was indicated that the respondent agreed that the classroom teacher ought to have held various roles and steps towards the safety and welfare of the respondent, and the students as a whole[6]. b) First key issue is that the trial judge had erred in the findings that the appellant might have breached the duty to care for the respondent and Second key issue is that the trial judge had failed to......

Words: 1014 - Pages: 5

Premium Essay

Defining Law: Introduction And Definition Of Law

...Definition of law Law is a system of rules that are enforced through social institutions to govern behaviour. Laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or by judges through binding precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people....

Words: 1204 - Pages: 5

Premium Essay

Week1 Introduction to Law and Jurisdiction

...Introduction to Law and Jurisdiction Lawanda Kendrick June 6, 2016 Grantham University Situation 1: Mike, a Utah resident, sues Jim, a Nevada resident for $60,000 in Nevada's Federal Distract court for negligence (a state law civil suit). Jim argues that the case should be dismissed for a lack of subject matter jurisdiction. Is he right? This situation would fall under diversity of citizenship being that Mike lives in Utah and Jim lives in Nevada. Diversity of citizenship is the basis for federal court jurisdiction over a law suit between citizens of different states and countries. Mike is suing Jim for $60,000 but the amount in controversy in diversity cases must be at least $75,000. So, yes, Jim is right for arguing that the case should be dismissed for a lack of subject matter jurisdiction. Situation 2: Bill, a California resident, sues Bob, also a California resident, for copyright infringement, a cause of action arising under federal law, in a Federal District Court in California. Bob argues that there is no subject matter jurisdiction. Is he right? In this case, Bob is wrong because copyright infringement is under the jurisdiction of the Federal courts. Under 28 U.S. Code § 1338 (a) the district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to patents, plant variety protection, copyrights and trademarks (LII, para.1). Situation 3: Billy, a Seattle, Washington resident, sues the Orange Corporation, a......

Words: 592 - Pages: 3

Premium Essay

Introduction To Law Case Study

...CAIN AND ABEL LAWFIRM Memo To : Senior partner From : Willem Ouwehand Date : September 25, 2015 Subject : Assignment #1 Introduction to Law The case we are currently handling is a dispute between Sophie Hess and Antoinette Royan regarding a claim on real estate through inheritance. The case involves several facts that we have to read thoroughly and apply the law which is applicable to these facts. To gain a better insight we will analyze and review various facts that are of importance to this case. i)First of all, Adrien Hess while married to Sophie Hess had already began his relationship with the mother of Antoinette Royan, Angela Royan. ii)Whilst married to Sophie Hess, Adrien Hess gave a large sum of money to Angela Royan ....

Words: 997 - Pages: 4

Premium Essay

Introduction to American Constitution Law

...------------------------------------------------- INTRODUCTION TO THE AMERICAN CONSTITUTION 7_4_2014 The idea is that there must be a tension between the different branches of the State power. This differs from the European style system because when you think about the normal situation where you have a prime minister, the reality is that in most countries, the PM becomes PM because he holds the majority in the legislative branch. So almost necessarily, the party who has the majority in the executive power also has it in the legislative power. In fact, Americans typically LIKE divided governments. If you want an example of that, just look at the last presidents of the US. Bill Clinton e.g. was a member of the Democratic Party while the congress was held by the Democratic Party as well. However, interestingly enough, that situation lasted only 2 years, after which the Americans decided to elect a republican president: Bush. The same happened more or less to Bush, and after that to Barack Obama. This is called the Fundamental Split between political parties. As part of that, what happened is that American people were able to express their ideas. They often like to have one party at power in the Congress and another party at power in the Government. What if a third party develops himself? One of the two parties will try to move towards the same ideas. They do have third party candidates in Congress, but their power is very small. It’s an idea that is embraced by the......

Words: 7876 - Pages: 32

Free Essay

Administrative Law Introduction Recap

...WHAT IS ADMINISTRATIVE LAW? Broadly, AL might be defined as the legal control of govern’t More narrowly, AL consists of those legal principles at define the authority and structure of administrative agencies, specify the procedures agencies must follow, determine the validity of administrative decisions and define the role of reviewing courts and other organs of govern’t in relation to a.a. Each particular field of regulation has its corresponding substantive and procedural law. AL as such deals with the general principles and rules that cut across the particular substantive fields and apply t a.a. generally. These principles include 3 basic bodies of law: (1) constitutional law; (2) statutory law, including above all the APA; (3) a form of federal com mon law, embodied in judicial decisions that do not have a clear constitutional or statutory source. REGULATION Aa are engaged in regulation. Regulatory agencies develop and enforce prohibitions or obligations with which private firms and/or individuals must comply (some agencies aren’t regulatory, but benefactor: they’re engaged in disbursing govern’t benefits). PROBLEMS THOUGHT TO CALL FOR (ADMINISTRATIVE) REGULATION One can imagine a govern’t without agencies, but no govern’t can avoid “regulation”. The common law is in fact a regulatory system, although outside the definition set out above: it depends on the creation and enforcement , by law, of a set of rights, notably those creating private property and......

Words: 1898 - Pages: 8

Premium Essay

Introduction to Law Federal State and Pakistani Example

...Introduction to Law Federal State and Pakistani Example SHAH BASIT HUSSAIN QURESHI 5/10/2015 Federal state with the reference of the Constitution of Pakistan 1973 example SUMMARY                Definition of Federal State Preamble Introductory Fundamental Rights Principles of Policy The President Majlis-e-Shoora (Parliament) The Federal Government The Governors Provincial Assemblies The Provincial Governments Distribution of Legislative Powers Administrative Relations between the Federation and Provinces Special Provisions Regional State and Unitary State Federal state with the reference of the Constitution of Pakistan 1973 example Page 2 Federal State with the reference of the Constitution of Pakistan 1973 Example Definition of Federal State: A federal state is one that brings together a number of different political communities with a common government for common purposes, and separate “state” or “provincial” or “cantonal” governments for the particular purposes of each community. The United States of America, Canada, Australia, Switzerland, Russia, Belgium, Germany, Pakistan and India are all federal states. Federalism combines unity with diversity. Preamble of the Constitution of Pakistan 1973: 12th, April 1973 Whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a......

Words: 6221 - Pages: 25

Premium Essay

Introduction to Law and Business Ethics and Social Responsibility

...issue related to the textile manufacturing business. In today’s global business, where large multinational corporations like the textile industry face charges of violating human rights in third world countries. Using child labor questions the human rights, ethics, and social responsibility of the textile manufacturing industry. An analysis of how the textile manufacturing illustration applies to decision-making and operations in an ethical and social responsible business. The economic responsibilities of the business would produce products and services that society wants at a price that perpetuates the textile business. The textile manufacturing business decides on legal responsibilities where they obey local, state, federal, and global laws. The textile manufacturing business makes decisions based on their ethical responsibilities of meeting other societal...

Words: 304 - Pages: 2

Premium Essay

Acf 2011 Sem 2

...Accredited Tertiary Courses Listing 2012 Accredited Tertiary Courses Listing 2012 – as at 26 September 2012 1 2012 Accredited Undergraduate Courses AUSTRALIAN CAPITAL TERRITORY The Australian National University University of Canberra NEW SOUTH WALES Australian Catholic University Australian Institute of Higher Education Avondale College Charles Sturt University Kings Own Institute Macquarie University Southern Cross University Top Education Institute The University of New England The University of New South Wales The University of Newcastle The University of Sydney University of Technology, Sydney University of Western Sydney University of Wollongong Williams Business College NORTHERN TERRITORY Charles Darwin University QUEENSLAND Australian Catholic University Bond University Central Queensland University Christian Heritage College Griffith University James Cook University Queensland University of Technology The University of Queensland The University of Southern Queensland University of the Sunshine Coast SOUTH AUSTRALIA Flinders University Kaplan Business School The University of Adelaide University of South Australia Open Universities (conferred by Uni of SA) TASMANIA University of Tasmania VICTORIA Australian Catholic University Cambridge International College Carrick Higher Education Deakin University Holmes Institute Holmesglen Institute of TAFE La Trobe University Melbourne Institute of Technology Monash University Northern Melbourne Institute of TAFE RMIT...

Words: 16200 - Pages: 65

Premium Essay

Business Law Study Guide

...cover the concepts that define law and the thoughts that help shape jurisprudence along with its history. The Federal Court, Supreme Court, and the jurisdiction of the courts are also covered. Constitutional law is covered from the perspective of business. This week also provides an introduction to the various forms of business. Small businesses, entrepreneurs, and general partnerships are explored. You discuss how a corporation is formed and how it can be financed. Finally, you study limited liability companies and limited partnerships, as well as franchises and special forms of business. This week further introduces you to the concept of alternative dispute resolution as a method for resolving disputes outside traditional litigation. After first looking at the litigation process, you are then introduced to arbitration, negotiation, mediation, conciliation, minitrial, fact-finding, and the use of a judicial referee. The Legal System and the Legal Forms of Business OBJECTIVE: Explain the major components of the legal system. Resources: Ch. 1, 2, & 4 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues Content • Ch. 1: Legal Heritage and the Information Age o Introduction to Legal Heritage and the Information Age o What Is Law? • Landmark U.S. Supreme Court Case Brown v. Board of Education o Schools of Jurisprudential Thought • International Law: Immigration to the......

Words: 1106 - Pages: 5

Premium Essay

Term Paper

...such as discrimination in the workplace. You also study regulatory compliance issues for an organization, as well as the associated business consequences. The readings focus on workers’ compensation, occupational safety, and other worker protection laws, with a specific attention to the Family and Medical Leave Act. This week also covers the collective bargaining agreements and labor law, as well as several laws and decisions a company must make regarding these labor law issues. In addition, you examine equal opportunity in employment and Title VII, including what comprises this significant law. You review regulatory laws, environmental protection and global warning, as well as antitrust laws and unfair trade practices. The readings focus on introductory concepts and the laws that support these concepts. Employment and Regulatory Risk OBJECTIVE: Differentiate between types of employment relationships and the associated legal considerations. Resources: Ch. 31 & 32 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues Content • Ch. 31: Employment, Worker Protection, and Immigration Laws o Introduction to Employment, Worker Protection, and Immigration Laws o Worker’s Compensation • Case 31.1 Workers’ Compensation: Medrano v. Marshall Electrical Contracting Inc. o Occupational Safety • Ethics Spotlight: Company Violates OSHA’s Safety Rule o Fair Labor Standards...

Words: 971 - Pages: 4

Free Essay

Jadm 100 Introduction to Criminal Justice Final Exam Answers

...JADM 100 Introduction to Criminal Justice Final Exam Answers Follow Link Below To Get Tutorial JADM 100 Introduction to Criminal Justice Final Exam Answers Final Exam – Criminal Justice 1. Question : (TCO 1) Which of the following terms means procedural fairness? (TCO 1) The theft of farm animals, or rustling, would be classified as: (TCO 1) According to Robert Merton, a(n) ________ rejects the goals and accepts the means to achieve society’s goals. (TCO 2) An offense punishable by incarceration, usually in local confinement facility, for a period whose upper limit is prescribed by statute in a given jurisdiction, typically one year or less. (TCOs 3&4) Which local law enforcement official is responsible for serving court papers, maintaining security within courtrooms, and running the county jail? (TCOs 3&4) The legalistic style of policing: (TCOs 3&4) Unreasonable searches and seizures are prohibited by the: (TCOs 3&4) Historically, officers were allowed to use deadly force to prevent the escape of a suspected felon even when the person represented no immediate threat to the officer or the public. This was known as the: (TCOs 3&4) The most widely used system of indigent defense is: (TCOs 5&6) During a trial, the ________ happens before the closing statement, but after the jury selection. (TCOs 5&6) Bail serves two purposes. One......

Words: 6098 - Pages: 25