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Monash (3,663)
LAW (114)
LAW1111 (12)

Class Notes for LAW1111 at Monash University

Foundations of law

LAW1111 Lecture Notes - Lecture 4: Federal Circuit Court Of Australia, Judiciary Of Australia, Australia Act 1986
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Week 4: Doctrine of Precedent How do lawyers and judges avoid a precedent? Any Court: - Distinguishing on facts - Statement of law was too wide - The statement of law in the previous case was really obiter Higher ...

Law
LAW1111
Joanna Kyriakakis
LAW1111 Lecture Notes - Lecture 2: Ratio Decidendi, Precedent, Obiter Dictum
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Week 2 Common law Do Judges make law? - Yes: judge-made law is what is referred to as the common law - Declaratory Theory of Common Law: Common law is something that does not change but remains the same. A court...

Law
LAW1111
Joanna Kyriakakis
LAW1111 Lecture Notes - Lecture 1: Cultural Feminism, Legal Positivism, Family Law
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Week 1: Introduction to legal theory Legal Research 1. Read and identify relevant facts 2. Identify search terms and strategies 3. Check secondary sources to formulate legal issues 4. Identify and locate primary sources 5....

Law
LAW1111
Joanna Kyriakakis
LAW1111 Lecture Notes - Lecture 8: Thesis Statement, Restorative Justice, Australasian Legal Information Institute
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Week 8: Legal Research Where to Find Legislative Materials ***Check that jurisdiction is Australian For Legislative Sources, including Bills, Explanatory Memoranda, Historical and Current Versions of Legislation I recommen...

Law
LAW1111
Joanna Kyriakakis
LAW1111 Lecture Notes - Lecture 7: Syllogism, Ultra Vires, Primary And Secondary Legislation
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Week 7: Delegated (Subordinate) Legislation Legislation made by person or body other than Parliament that is authorised by Parliament to do so: E.g. Governor, Governor General, Minister andor her department, statutory auth...

Law
LAW1111
Joanna Kyriakakis
LAW1111 Lecture 3: Week 3
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Week 3: reading and interpreting cases How to read and understand a case? Ask yourself a number of questions as you read a case: What is the level of the court? Who is suing whom, for what? What are the facts which are ...

Law
LAW1111
Joanna Kyriakakis
LAW1111 Lecture Notes - Lecture 9: Mischief Rule, Statutory Interpretation
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Week 9: Legislation surrounding interpretation of legislation Which words are part of the statute? Interpretation Of Legislation Act 1984 (Vic) S 35(b): Consideration may be given to any matter or document that is relevant...

Law
LAW1111
Joanna Kyriakakis
LAW1111 Lecture 10: Week 10
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Week 10: Interpreting Legislation How to Read an Act 1. The language of the Act is the starting point. If that language has no ordinary or normal meaning then 2. Refer to intrinsic materials. If they cannot help then 3. Ex...

Law
LAW1111
Joanna Kyriakakis
LAW1111 Lecture Notes - Lecture 6: Substantive Rights, Ed Esber, Royal Assent
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Week 6: Legislation Terminology Legislation: statutes made by Parliament, as well as delegated legislation Statutes: Acts passed by Parliament Subordinate Acts: delegated legislation Bills: proposed Acts Clauses vs. Sectio...

Law
LAW1111
Joanna Kyriakakis
LAW1111 Lecture Notes - Lecture 11: Aboriginal Land Rights Act 1976, Supreme Court Of New South Wales, Golden Rule
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Week 11: Interpreting Legislation in Court The Role of Courts Creating legislation is Parliaments role, but Courts interpret it. 90 of appeals on points of law involve statutory interpretation. Courts are called on to rule...

Law
LAW1111
Joanna Kyriakakis
LAW1111 Lecture Notes - Lecture 5: Ginger Beer, Edward Hall Alderson, The Seller
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Week 5: Precedent in Action TORTS and Negligence During the 19th century, judges in England began developing a concept of negligence that is, the ability to sue someone for causing damage to you in situations where their d...

Law
LAW1111
Joanna Kyriakakis
LAW1111 Lecture Notes - Lecture 12: Children'S Book Council Of Australia, Dialectic, Obiter Dictum
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Week 12: Exam Technique Working with the legislation Prepare your legislation: What it is about? What is it setting out to do? What are the key operative sections and how are they interrelated? What do key terms mean? What...

Law
LAW1111
Joanna Kyriakakis
Introduction to Business Law - Reference Guides

Business law, sometimes referred to as corporate-commercial law, is a system of governance and regulations in connection with the creation, existence and dissolution of businesses. Today, Canadian businesses are governed b...

BLAW - Business Law
BLAW 464
All Professors
Permachart - Marketing Reference Guide: Multilateral Treaty, European Economic Community, Statute Of The International Court Of Justice

l e a r n • r e f e r e n c e • r e v i e w permacharts TM International Law APPLICATIONS TREATIES ...

Commerce
COMM 404
All Professors
Permachart - Marketing Reference Guide: National Environmental Policy Act, Municipal Solid Waste, Criteria Air Contaminants

l e a r n • r e f e r e n c e • r e v i e w permacharts TM EEnvironmental Law ENVIRONMENTAL REGULATION NATIONAL ENVIRONMENTAL POL...

LAW
LAW 356
All Professors
Permachart - Marketing Reference Guide: Defeasible Estate, Leasehold Estate, Future Interest

l e a r n • r e f e r e n c e • r e v i e w permacharts TM PProperty Law ESTATES DESTRUCTIBILITY ...

LAW
LAW 253
All Professors

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