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Lecture 3

Business Law – Lecture 3.docx

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Department
Law
Course
LAWS1100
Professor
Kate Curnow
Semester
Spring

Description
Business Law – Lecture 3 – 05/08/2013 Primary legal materials: Legislation – the law made by parliaments Case law – the law made by judges Secondary legal materials: Textbooks, books and journal articles; do not comprise the law itself but explain and expand upon the primary legal materials The ratio decidendi (‘reason for the decision’) is that part of a judge’s decision that sets out the legal principle upon which the decision was based, and which is binding precedent. The obiter dicta (‘saying by the way’) is not binding, and includes the identification of the relevant evidence, and discussion of alternative legal principles, alternative decisions if the facts had been different, and the historical development of the legal principles used in reaching the final decision. literal rule GENERAL RULES golden rule purposive approach context rule RULES class rule inclusions and exclusions SPECIFIC RULES give each to each general and specific earlierand later Literal Rule – always begin by reading a legal text literally, with words and phrases given their ordinary a
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