Study Law - Law - Lecture Slides, Slides of Law

Study Law, What is Law, Morality and Justice, Legal System, Genesis of a Legal System, Genesis of a Constitution, Sources of Law, Characteristics of the Law, Public Law, Private Law are the key points of this lecture.

Typology: Slides

2012/2013

Uploaded on 01/01/2013

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Why Study Law?
To become a more effective business operator by:
recognising and managing risks
being aware of the law and the legal environment and how they impact
on decision making
To become a more resourceful consumer
Everyone is presumed to know it, so it will be beneficial to
know the basic concepts
The law is a reflection of community values (Do you agree?)
Law not only shapes the business environment, but is shaped
by business
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Why Study Law?

  • To become a more effective business operator by:
    • recognising and managing risks
    • being aware of the law and the legal environment and how they impact on decision making
  • To become a more resourceful consumer
  • Everyone is presumed to know it, so it will be beneficial to know the basic concepts
  • The law is a reflection of community values (Do you agree?)
  • Law not only shapes the business environment, but is shaped by business

What is law?

  • A definition: law is the system of control (i.e. a set of rules) through which society operates (i.e. citizens must obey or suffer a penalty)
  • Law declares how we must behave and consists of those rules which are enforced through the legal system (particularly the courts)
  • The system is more complex in reality as the ‘rules’ are affected by social, economic, political and international considerations

What is a legal system?

  • The totality of laws that regulate a state (i.e. a legally organised community)
  • Types of legal systems:
    • common law legal systems
    • civil law legal systems
    • other legal systems – e.g. Islamic legal system, Talmudic legal system, Indigenous legal system

Genesis of a constitution

  • A constitution is the basis of the legal system of any state

‘[A constitution is] the system of laws, customs

and conventions which define the composition and

powers of the organs of the state and regulate the

relations of the various state organs to one another

and to the private citizen.’

Professor Hood Phillips, Constitutional and Administrative Law, 5th ed, 1973

The sources of law

  • Customary law
    • The law established by the habitual use of a group of people over a long period of time
  • Common law
    • The law developed by the courts
  • Legislation
    • The laws made by the body recognised by the legal system as having the supreme power and authority to make laws (usually the Parliament)

Characteristics of the law: flexibility

  • The law must be able to respond without undue delay to the challenge of change at all levels of society

Characteristics of the law: fairness

  • The effectiveness of law depends upon its acceptance by members of society and that will not be available where a law is inequitable, unfair or unreasonable

Classification of the law: public law

and private law

  • Public law
    • regulates the interaction of citizens with the state (e.g. criminal law, constitutional law, administrative law)
  • Private law
    • regulates the relationship between individuals within a state (e.g. contract law, tort law, property law)

Public law

  • administrative law
  • company law (some)
  • constitutional law
  • criminal law
  • industrial law (some)
  • taxation and revenue law
  • trade practices law (some)

Classification of the law: criminal

law and civil law

  • criminal law
    • generally aims to punish
  • civil law
    • generally aims to compensate

Civil law

  • contract law
  • tort law
    • negligence
    • trespass
    • defamation
    • nuisance

Criminal law

  • offences against the person
  • offences against property

Types of law

CIVIL LAW CRIMINAL

LAW

Why the overlap?