1. Copyright Guy Harley 2004 1 Guy Harley  Bachelor of Law (University of Adelaide – 1978)  Barrister and Solicitor in Adelaide for 18 years  Master of Business (eBusiness) (University of SA 2001)  Contact Information  guy@harley.net.au

2. Copyright Guy Harley 2004 2 Dates for 2nd Semester  Classes start - 13 July  Assessment – 6 September 2004  Classes finish – 4 October 2004  Exams – 14 to 22 October

3. Copyright Guy Harley 2004 3 Course Assessment  Exam 60%  Open book  Electronic translator (non-programmable)  3 hrs + 15 minutes reading time  Multiple choice, short essays and problem questions  Internal assessment 40%  Short answers  Essay (1500 words)  Must use legal referencing style  www.law.unimelb.edu.au/mulr/aglc.htm www.law.unimelb.edu.au/mulr/aglc.htm

4. Copyright Guy Harley 2004 4 Plagiarism  Copying the work of someone else and passing it off as your own  Failing to acknowledge the source of information you have used  Plagiarism is STEALING  You will receive a mark of zero for a substantially plagiarised assignment  If you plagiarise more than twice you may have your enrolment cancelled

5. Copyright Guy Harley 2004 5 Text Books  Turner C., 2003, “Australian Commercial Law”, 24 th Ed, Lawbook Co, Sydney  Gibson A, Rigby S & Transmitt G, 2003, “Commercial Law in Principle”, 2 nd Ed, Lawbook Co, Sydney.

6. Copyright Guy Harley 2004 6 Resources  Lecturer’s web site  www.harley.net.au www.harley.net.au  Lecture slides  Tutorial exercises  Notices  Course outline including assessment  Links  Writing guides

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9. 9 Resources (cont.)  Course Website  www.bus.cqu.edu.au/CSTUDENT www.bus.cqu.edu.au/CSTUDENT  Library  Online journals & databases  Butterworth Online  www.austlii.edu.au www.austlii.edu.au  Learning Support Unit

10. Copyright Guy Harley 2004 10 Resources (cont.)  Free legal web sites  www.austlii.edu.au www.austlii.edu.au  www.worldlii.org www.worldlii.org  www.findlaw.com.au www.findlaw.com.au  www.law.com www.law.com  http://www.lectlaw.com/ref.html http://www.lectlaw.com/ref.html  Be careful of:  USA web sites  News web sites

11. Copyright Guy Harley 2004 11 What is required of you?  Spend the same amount of time in private study as you do in class  Read textbook and notes every week  Attend lectures and TAKE NOTES  Prepare for tutorials in advance  Be prepared to ask and answer questions  Complete all assessments on time  Participate fully in all group activities

12. Copyright Guy Harley 2004 12 Do you want to pass this subject?  In an Australian university  learning is YOUR responsibility. It is up to you to be self-disciplined and keep up to date  Emphasis is on applying knowledge NOT memorising data  Begin reading your textbook TODAY  Ask your lecturer to explain if you don’t understand something.  Give priority to your study over part time work

13. Copyright Guy Harley 2004 13 Course Objectives  An introduction to  business law in Australia  Law of contract  Topics  Australian Legal System  Interpreting & applying cases and legislation  Law of contract  Law of Tort (introduction)

14. Copyright Guy Harley 2004 14 Introductory & Contract Law Lecture 1 Turner “Australian Commercial Law” Chapter 1 Gibson “Commercial Law in Principle” Chapter 1

15. Copyright Guy Harley 2004 15 What is ‘Law’?  A definition: A set of rules which citizens must obey or else suffer a penalty  More complex in reality as the ‘rules’ are affected by social, economic, political and international considerations  Law regulates our everyday lives as well as when we are engaged in business  Looking at the various classifications of law can help us understand how law affects us

16. Copyright Guy Harley 2004 16 Basis of Law  Jurisprudence  Giving a wise interpretation to the laws and making a just application of them to all cases as they arise.  Judging the same questions in the same manner  Natural Law  standards of conduct derived from traditional moral principles and/or God's law and will  Legal Positivism  the rule of law amounts simply to regular compliance with clear, general and validly enacted rules

17. Copyright Guy Harley 2004 17 Sources of Law  The law which might govern a transaction or an offence can be found by consulting:  common law  equity  statutes  delegated legislation  custom  international law

18. Copyright Guy Harley 2004 18 Common Law  The oldest source of law  Developed over centuries in England by judges  Relies on the Doctrine of Precedent supported by Law Reports  Eventually two strands evolved: common law and equity  Equity prevails over inconsistent Common Law

19. Copyright Guy Harley 2004 19 Legislation  Law made by Parliament and bodies it delegates to  STATUTES or ACTS contain the broad policy and are debated in Parliament  Sometimes the Act will delegate power to another body eg Governor, Minister, Council to pass more detailed rules  These are called DELEGATED LEGISLATION and can take the form of Regulations, Ordinances etc.

20. Copyright Guy Harley 2004 20 Legislation (Cont.)  Legislation overrides inconsistent Case Law  However one important role of Judges is to interpret ambiguous legislation  There is continuing debate about who should ‘make’ the law: only Parliamentarians as elected representatives of the people? BUT the precedent system historically has enabled judges to develop the law in new directions. Negligence law is a good example.

21. Copyright Guy Harley 2004 21 Civil & Criminal Law  Criminal Law  The rules of statute and common law which direct that certain actions are punishable by the state.  Offences against the community  A penalty is imposed on the wrongdoer  Civil Law  Anything not criminal  Protection and enforcement of personal rights  Does not impose penalties

22. Copyright Guy Harley 2004 22 Procedural & Substantive Law  Substantive Law  The law that creates and defines the rights and obligations which govern society  Procedural Law  The rules and methods employed to obtain one's rights and enforce obligations  In particular, how the courts are conducted

23. Copyright Guy Harley 2004 23 Public & Private Law  Public Law  Relations between citizens and the state  Private Law  Relations between citizens

24. Copyright Guy Harley 2004 24 Public & Private Law - Examples  Public Law  Criminal  Administrative  Constitutional  Revenue  industrial  Private Law  Contract  Tort  Family  Property  Company

25. Copyright Guy Harley 2004 25 The English Legal System  Rule of Law  Jurisdiction  The limits on a legal bodies powers  Geographical  Monetary  Orders that an be made  Courts interpret & apply the law

26. Copyright Guy Harley 2004 26 The English Legal System  Adversarial System  Civil  Plaintiff  Defendant  Criminal  The Crown  The Accused

27. Copyright Guy Harley 2004 27 The English Legal System  Adversarial System (cont.)  Decision makers  Jury  Judge  Lawyers  Solicitors  Barristers

28. Copyright Guy Harley 2004 28 Proving a Claim Standard of Proof  Civil Cases  Balance of Probabilities  Criminal Cases  Beyond Reasonable Doubt Burden of Proof  Civil Cases - Plaintiff  Criminal Cases - Prosecution  Presumptions

29. Copyright Guy Harley 2004 29 Criminal Cases  Minor  Complaint  Summary trial by magistrate  Conviction  Sentence  Serious  Information  Committal hearing  Indictment  Trial by judge and jury  Conviction  Sentence

30. Copyright Guy Harley 2004 30 Civil Cases  Summons  Pleadings  Discovery of documents  Pre-trial hearings  Settlement conferences  Trial  Judgement  Orders

31. Copyright Guy Harley 2004 31 Proving a Claim (cont.)  Affidavit  Subpoena  Witnesses  Oral evidence  Documents  Official records

32. Copyright Guy Harley 2004 32 Appeals  A party who disputes a court’s decision can appeal to a “higher” court  Usually limited to legal arguments  Adversarial  Appellant  Respondent  Can keep appealing to the next higher court if there is one  Hierarchy of Courts

33. Copyright Guy Harley 2004 33 Alternative Dispute Resolution  Negotiation  Mediation  Conciliation  Arbitration  Litigation  Annihilation