THE UNIVERSITY OF ADELAIDE COMMLAW 7011 CORPORATE LAW (M) BUSINESS SCHOOL Week 3‚ Semester 1‚ 2012 TUTORIAL QUESTIONS WEEK 3 (Commencing Monday 12 March) Acknowledgement: These Tutorial Questions were originally devised by Martin Markovic‚ Senior Lecturer‚ Business School‚ University of Adelaide. Question 1 A‚ B and C are long time friends from University days. They share common interests especially with respect to
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Private International Law – Study Notes The most important instruments of European Union Law in terms of this course are the following: Brussels Convention and Brussels I Regulation (i.e. 1968 Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters) (Schedule I to the Civil Jurisdiction and Judgments Act 1982) and Brussels I Regulation (Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments
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Constitutional Law B Overview of the course: Constitutional Law A and B are linked in principles and tools Assumptions that certain principles are understood: 1. Constitutionalism 2. Rule of law 3. Constitutional supremacy 4. Parliamentary sovereignty 5. Separation of powers 6. Co-operative government 7. Federal division of powers 1st readings of Currie and De Waal 2013 6th edition 1. Rights and application of Bill of Rights (BoR) Focus is on the protection of Human Rights (HR) How
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Constitutional Law Exam Notes Introductory Cases Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (“Engineer’s Case”) (1920) 28 CLR 129 – Cth introduced industrial law – applied to state governments and entities within s51(xxxv) (arbitration power) as employers re industrial disputes. Said Cth could not make binding award over State governments. Abolished STATE RESERVED POWERS doctrine (that Cth could not intrude) – shifted balance of power to Commonwealth. High Court stated must
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– English Style [1995] Public Law 57‚69) Discuss 1. Introduction The above extra judicial argument of Lord Woolf is the spark but not the essence of discussion within the light of this essay as his democratic criticism has more to do with political constraints on the power of Parliament to legislate as it pleases and less to do with legal limitations to Parliament‘s legislative authority. For example‚ Lord Woolf has contended that ultimately‚ the rule of law could validly limit the so-called
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Eternal Law and Human Law As humans live in this world‚ laws and regulations are strictly enforced for the justice‚ safety‚ and rights of the humans. Whether those laws are eternal or temporal‚ all laws require standards. Saint Augustine’s On the Free Choice of the Will discusses these standards and defines what each laws mean. Most importantly‚ Augustine argues that eternal law is necessary for temporal law to exist and for the nation to function properly. I agree with Augustine’s argument on
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neighbour- Who‚ then‚ in law‚ is my neighbour? The answer seems to be - persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions that are called in question Donoghue v Stevenson Neighbour Principle: You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour- Who‚ then‚ in law‚ is my neighbour? The
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Nuremberg Laws The Nuremberg Race Laws were announced as two new laws on September 15‚ 1935‚ which included the Reich Citizenship Law and the Law for Protection of German Blood and German Honor law. These laws became known as the Nuremberg Laws because they were first announced at a Nazi Party Rally held in Germany. The Nazis made these laws because they believed that the world is divided into distinct races that are not equally strong and as valuable as others. The Nazis also considered Germans
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Law Criminal Law Civil Law Crime committed against the state Sets rights & Duties of people between themselves Must prove guilt Must show liability Guilt must shown to be beyond reasonable doubt Liability shown on the balance of probabilities Regulates society by threat of punishment Rights the financial position so that no wrong had occurred Fine‚ imprisonment‚ community service. Damages or other remedies (specific performance/injunction ) Sources of Law Law Case Law (follow earlier decisions)
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Discuss the relationship between law and morals and whether law should uphold moral values? Phil Harris in an introduction to law defines a society’s ‘code of morality’ as a set of beliefs‚ values‚ principles and a standard of behaviour. A compliance with these rules is not compulsory and not required by the state. People are influenced by their family‚ friend’s religion. However‚ they could consider from themselves what they believe to be moral or immoral in their view‚ because a society is pluralistic
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