Free Essay

Introduction to the Law

In: Business and Management

Submitted By deserrie
Words 364
Pages 2
INTRODUCTORY NOTES

Introductory points about Commercial Law

1. Ignorance of the law is no excuse as a defence
2. PLAINTIFF – brings the action DEFENDANT – defends the action
3. Burden of proof is on the Plaintiff (Applicant)
4. Standard of proof is on the balance of probabilities (degree of proof)
5. Result in Court or a Tribunal is a JUDGEMENT
6. The Court may also apply a REMEDY such as awarding damages or costs or both
7. The law is just a collection of RULES that must be enforced for the protection of all citizens.
8. ETHICS is also a set of rules that a person or institution decides to follow. The highest form of ethics is the law because it must be followed. A lower form of ethics is a Code of Conduct where an institution adds more rules to that of the law. The lowest form of ethics is a persons own morality that governs their behaviour, although some people (eg religion) try to claim that their morality is the only morality and therefore should be included in the law.

Background to the Law

1. English influence
2. Role of Judges is to interpret the law
3. Judges must have knowledge of statutes (law) and precedent which is reporting of previous judgements that may apply to a new case.
4. Role of Parliament is to make laws with some delegation to various authorities such as District and City Councils
5. Codification is an arrangement or system of law. It is not used in many countries following English law because it can be corrupted by Government. Instead, precedent is used.
6. EQUITY is a philosophical approach to the law that asks if justice has been done.
7. Disputes Tribunals can also rule on fairness where a person of less power and resources is treated equally with a person of more power and resources.
8. Our law comes from the principles of the Rule of Law (protection of a person’s rights), English statutes 9starting with the Magna Carta 1297 and the Bill of Rights 16880 and precedents, NZ statutes and precedents, conventions of the constitution and recourse to the Treaty of Waitangi where applicable.…...

Similar Documents

Free Essay

Introduction Law and Ethic

...2012 ÖÐRENCÝ SEÇME VE YERLEÞTÝRME SÝSTEMÝ (ÖSYS) YÜKSEKÖÐRETÝM PROGRAMLARI VE KONTENJANLARI KILAVUZU 16 Temmuz 2012 Ölçme, Seçme ve Yerleþtirme Merkezi Ankara Bu kýlavuzun yayýmlanmasý ve uygulanmasý, Yükseköðretim Genel Kurulunun 10.05.2012 tarih ve 2012.10.564 sayýlý kararý ve 17.05.2012 tarih ve 2012.11.623 sayýlý kararý ile kabul edilmiþtir. ÖSYS’ye baþvuran adaylar kýlavuzda ve ilgili mevzuatta yer alan düzenlemeleri kabul etmiþ sayýlýrlar. Sýnav/yerleþtirme ile ilgili her türlü açýklama, baþvuru ve sýnav/yerleþtirme sonuçlarýnýn adaylara duyurulmasý, Baþkanlýðýn Ýnternet sayfasýndan yapýlýr. Ýnternet sayfasýndaki duyurular, sonuç bilgileri adaylara teblið hükmündedir. Tercih Hizmeti Ücreti Tercih Süresi Yeni Þifre Edinme Ücreti : : : 3,00 TL 23 Temmuz - 3 Aðustos 2012 2,00 TL 2012-2013 Öðretim Yýlý Yükseköðretim Programlarýna Kayýt Tarihleri: 3-7 Eylül 2012 DÝKKAT ! Tercih yapmayan, tercihi geçersiz sayýlan, ücret gerektirmeyen bir iþlem için ücret yatýran ve ayný iþlem için birden fazla ödeme yapmýþ olan adaylarýn ödedikleri ücretler geri verilmez. Bu kýlavuzda yer alan ücretlerin dýþýnda baþvuru merkezlerine, baþka bir ad altýnda, herhangi bir ücret ödenmeyecektir. ADRESÝMÝZ Merkezimizi bir bütün olarak ilgilendiren resmî, özel ve genel yazýlar için: ÖSYM Baþkanlýðý 06538 Bilkent-ANKARA Adaylarca gönderilecek her tür dilekçe için: ÖSYM Baþkanlýðý (SHDB) 06538 Bilkent-ANKARA Telefon Numarasý: (312) 298 80 50 (Çok Hatlý Santral) ÖSYM......

Words: 335158 - Pages: 1341

Premium Essay

Introduction to Law

... MIDLANDS STATE UNIVERSITY FACULTY OF LAW NAME : IVY TATENDA GUMBO MODULE: INTRODUCTION TO LAW REG NUMBER: R125548P LECTURER: MS CHAKAUYA TUTORIAL QUESTIONS DUE DATE: 8 APRIL 2013 QUESTION 1:Highlight the functions of law in society.Your answer must take into consideration the theories of law and its individual relationship Law can be defined as a set of rules and regulations which govern societal relationships and is enforced by the state through institutions such as the police,courts ,prisons etc.However many schools of thoughts have tried to define law since the term law means different things to different people.According to the Natural theory law should take into account of morals in a community.A Positivist theory says that law is law regardless of the moral content.This suggestion advances the idea that law remains law whether or not it is just or unjust,fair or unfair.The Marxist theory defines law as an instrument of class oppression that is the rich oppressing the poor.On the other hand some critic scholars like Hlalo and Kahn defined law as rules governing human conduct that is recognized as binding by the state and if necessary enforced. The purpose of law is to enforce morality inorder to prevent harm to others.According to Lord Delvin,a society has a right to punish any kind of act that is immoral.Most legal rules are derived from morality.Morals can be defined as ......

Words: 2497 - Pages: 10

Premium Essay

Introduction to American Constitution Law

...------------------------------------------------- INTRODUCTION TO THE AMERICAN CONSTITUTION 7_4_2014 The idea is that there must be a tension between the different branches of the State power. This differs from the European style system because when you think about the normal situation where you have a prime minister, the reality is that in most countries, the PM becomes PM because he holds the majority in the legislative branch. So almost necessarily, the party who has the majority in the executive power also has it in the legislative power. In fact, Americans typically LIKE divided governments. If you want an example of that, just look at the last presidents of the US. Bill Clinton e.g. was a member of the Democratic Party while the congress was held by the Democratic Party as well. However, interestingly enough, that situation lasted only 2 years, after which the Americans decided to elect a republican president: Bush. The same happened more or less to Bush, and after that to Barack Obama. This is called the Fundamental Split between political parties. As part of that, what happened is that American people were able to express their ideas. They often like to have one party at power in the Congress and another party at power in the Government. What if a third party develops himself? One of the two parties will try to move towards the same ideas. They do have third party candidates in Congress, but their power is very small. It’s an idea that is embraced by the......

Words: 7876 - Pages: 32

Premium Essay

Introduction to Law

...a) This is a case filed at the Court of Appeal and follows a judgment passed by the trial judge that the appellant should compensate the respondent $318,288 in damages[1]. The respondent had brought a claim in negligence following an incident at the State High School on 5 December 2008 whereby he was assaulted by a student and sustained injuries leading to brain damage[2]. The allegations presented forward were that the school has failed to provide the teachers and the staff with the right information regarding T’s tendency towards violence even with minor provocation[3]. This was based on an earlier event 6 weeks ago whereby T was involved in another similar altercation with another student[4]. Following this judgment by the trial judge, the appellant then appealed against the decision on two key issues: the first one was that the judge had erred in the findings that the appellant might have breached the duty to care for the respondent, and secondly, the trial judge had failed to offer the relevant findings related to causation[5]. After a notice of contention was offered, it was indicated that the respondent agreed that the classroom teacher ought to have held various roles and steps towards the safety and welfare of the respondent, and the students as a whole[6]. b) First key issue is that the trial judge had erred in the findings that the appellant might have breached the duty to care for the respondent and Second key issue is that the trial judge had failed to......

Words: 1014 - Pages: 5

Premium Essay

Introduction

...abounding with fish and wildlife. G. Forced relocation of Native American tribes to encourage westward expansion. 1. “Americanization” 2. Segregation and dependence 3. Reduced the Native Americans. 2. Early Encounters I. Introduction A. Difference between culture, knowledge, and lifestyle make first encounters between Native Americans and Europeans B. Columbus’s Ethnocentrism. C. The Native American population began to decline rapidly D. Las Casas protect the Native Americans. A. Massive slave trade of blacks. B. Native Americans survive only if another labor force replaced them. II. Cultural Strains A. An irreversible path to economic dependence ensued. B. A labor shortage C. With stabilization, relations between the two races became more stained. D. Interaction and cultural are diffusion. E. The disadvantage of the Native American. III. Differing Values A. Different Nations have different Conceptions of things. 1. Different between the whites and the Iroquois. 2. A 19th-century artist famous for his paintings of Native Americans. B. Great Law of Peace for Iroquois 1. Guaranteed freedom of political and religious expression. 2. Had Amendment and impeachment processes. 3. Values and Social Structure I. The cultures of the many tribes differed (and still do) from one......

Words: 2177 - Pages: 9

Premium Essay

Introduction to the Law

...Part Introduction to the Law 1. 2. 3. 4. 5. 6. 7. 8. Law, Legal Reasoning, and the Legal Profession Dispute Settlement Business Ethics and Corporate Social Responsibility Business and the Constitution Crimes Intentional Torts Negligence and Strict Liability Licensing and Intellectual Property 1 Chapter 1 1. 2. 3. 4. 5. 6. 7. Law, Legal Reasoning, and the Legal Profession LO Learning Objectives After you have studied this chapter, you should be able to: Identify the basic functions of law. List the various sources of law. Analyze a case using the four steps in the process of legal interpretation. Make a legal decision by applying the three-step, stare decisis process. Explain how law is able to change despite of stare decisis. Read a judicial decision and identify which school of legal jurisprudence the judge has followed. Explain when the attorney–client privilege and work product privilege arise and when they are lost. Jennifer regularly smoked marijuana and crack cocaine throughout the duration of her pregnancy. While she was in labor, she used rock cocaine. After the child was born with an addiction to cocaine, Jennifer was charged with violating a state law that provided: “It is unlawful . . . to deliver any controlled substance to a person under the age of 18 years.” The state asserted that Jennifer “delivered” cocaine to her child via blood flowing through the child’s umbilical cord in the 60- to 90-second period after the baby was......

Words: 13402 - Pages: 54

Premium Essay

Introduction

...SELF INTRODUCTORY SPEECH OUTLINE Doris Martinez  Comm 101  All About Me | Introduction | I. | Reason for choosing Ivy Tech is the class sizes, location, and how the staff involves themselves with the students. "Today, I'll tell you my dream job is a youth advocate to help young adults make wise decisions and offer them with options and opportunities. | | | II. | My name is Doris, I am 32 yrs. old. Mother of a 9 yr. old daughter. Siblings and other family members. | | | III. | Family has had several run ins with the law, which is why I wanted to further educate myself with common laws. | | | IV. | My primary reason for picking criminal justice it to help our youth make wise decisions with their life. | | Thesis statement (this contains the three main points of the speech- it contains some idea of the content of the speech):The struggle I have had with the law whether it’s been myself or family, has lead me to educate myself with basic law knowledge then educate and help our youth make wise choices for their future. | I | Reason for choosing Ivy Tech is the class sizes, location, and how the staff involves themselves with the students. "Today, I'll tell you my dream job is to become a youth advocate to help young adults make wise decisions and offer them knowledge of options and opportunities. A. Describe myself  B. Introduce family members and friends, specifically troublemakers (Ralphy, Gaby, little Enrique) [now that you know how family oriented I am, I......

Words: 715 - Pages: 3

Free Essay

Introduction of Law

...Andrew Rusinko Col Writing II 1320.027 Introduction of Law Hazing happens in many different facets of our lives either it being at school or at work. It is a common thing especially at the university level of education here in the United States. There have been multiple cases of hazing at the university level with in the previous decade here in the state of Texas. The Texas State Penal Code section 4.52 states that “hazing is any intentional knowing, or reckless act, occurring on or off the campus of an education institution, by one person alone or acting with others, directed against a student that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are students at an education institution” ("Center for Students Rights and Responsibilities"). This covers many different types of hazing whether it is consumption of liquids, like water or alcoholic beverages, electro-shocking, whipping and paddling just to name some examples. Relatively, anything that could be detrimental to the student or pledge either physically or mentally is hazing. There are also different punishments listed in the penal code for different outcomes such as not reporting or if the hazing results in death. Furthermore, the organization on the campus could be suspended indefinitely by the campus depending on the severity of the incident such as...

Words: 791 - Pages: 4

Premium Essay

Introduction

... Title | Page No. | 01 | INTRODUCTION * Objective * Scope * limitation | 2-5 | 02 | RESEARCH METHODOLOGY * Type of research * Type of data used * Method of data collection | 6-8 | 03 | COMPANY PROFILE * Introduction of company * History,vision,mission * Organization structure * Social Responsibility * Product * Environment * Certification * Achievement & Awards | 9-25 | 04 | FUNCTIONAL AREA * Human resource management * Finance management * Production management * Marketing management | 26-32 | 05 | LEARNING | 33 | 06 | FINDING AND SUGGESTION | 34 | 07 | QUESTIONARIES | 35-44 | 08 | BIBILIOGRAPHY | 45 | Chapter 1 INTRODUCTION OF PROJECT:- The problem is preparation of the design of the research project. It includes export introduce to mineral water or mountain water. The project undertaken aims to find out the selling and marketing of mineral water or mountain water. The Act introduced to professional development for patents. In an effort to differentiate one brand from another. Some companies have introduced to vitamins ingredients. To sales with water flavoring about various industry efforts to improve. The naturals has introduced made with production and marketing reduce the products. The nutrition facts it stated that the organic shelled of introduced to the product. To the introduction of a variety of drinks marketed as......

Words: 3343 - Pages: 14

Free Essay

Administrative Law Introduction Recap

...WHAT IS ADMINISTRATIVE LAW? Broadly, AL might be defined as the legal control of govern’t More narrowly, AL consists of those legal principles at define the authority and structure of administrative agencies, specify the procedures agencies must follow, determine the validity of administrative decisions and define the role of reviewing courts and other organs of govern’t in relation to a.a. Each particular field of regulation has its corresponding substantive and procedural law. AL as such deals with the general principles and rules that cut across the particular substantive fields and apply t a.a. generally. These principles include 3 basic bodies of law: (1) constitutional law; (2) statutory law, including above all the APA; (3) a form of federal com mon law, embodied in judicial decisions that do not have a clear constitutional or statutory source. REGULATION Aa are engaged in regulation. Regulatory agencies develop and enforce prohibitions or obligations with which private firms and/or individuals must comply (some agencies aren’t regulatory, but benefactor: they’re engaged in disbursing govern’t benefits). PROBLEMS THOUGHT TO CALL FOR (ADMINISTRATIVE) REGULATION One can imagine a govern’t without agencies, but no govern’t can avoid “regulation”. The common law is in fact a regulatory system, although outside the definition set out above: it depends on the creation and enforcement , by law, of a set of rights, notably those creating private property and......

Words: 1898 - Pages: 8

Premium Essay

Introduction to Law Federal State and Pakistani Example

...Introduction to Law Federal State and Pakistani Example SHAH BASIT HUSSAIN QURESHI 5/10/2015 Federal state with the reference of the Constitution of Pakistan 1973 example SUMMARY                Definition of Federal State Preamble Introductory Fundamental Rights Principles of Policy The President Majlis-e-Shoora (Parliament) The Federal Government The Governors Provincial Assemblies The Provincial Governments Distribution of Legislative Powers Administrative Relations between the Federation and Provinces Special Provisions Regional State and Unitary State Federal state with the reference of the Constitution of Pakistan 1973 example Page 2 Federal State with the reference of the Constitution of Pakistan 1973 Example Definition of Federal State: A federal state is one that brings together a number of different political communities with a common government for common purposes, and separate “state” or “provincial” or “cantonal” governments for the particular purposes of each community. The United States of America, Canada, Australia, Switzerland, Russia, Belgium, Germany, Pakistan and India are all federal states. Federalism combines unity with diversity. Preamble of the Constitution of Pakistan 1973: 12th, April 1973 Whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a......

Words: 6221 - Pages: 25

Premium Essay

Introduction

...Introduction The word consumerism, “consumer” means the customer or user and “ism” means movement. In year 1920, the movement started to protect the interest of the consumer. Consumerism or also known as consumer movement, consumer protection or consumer activism are those who inform and protects consumers by involving in practices such as honest advertising and packaging, improved safety standard of products and services, and product guarantees. It is the effort of the organization by individuals, government or groups that help protect consumer rights to a fair business practices. The main objective of this movement is to unite the consumer, educate them and fight for their rights. In today world, it is said that consumer is the king and centre of all business. An organization priority depends on the consumer for its growth in the business sector and not on its survival alone. But in the real world, consumer position is treated differently. Consumer are more like a victim that are being exploited by sellers that charges higher prices for goods and services, supplying poor quality products, misleading advertisement and etc. Consumerism is important to consumer because it helps in protecting the consumer interest from the unethical business community that charges higher prices, keeping stocks to create artificial shortage and supplying inferior goods. Besides that, it also aims in educating them about their rights as a consumer and informing the precaution steps for the...

Words: 789 - Pages: 4

Premium Essay

Week1 Introduction to Law and Jurisdiction

...Introduction to Law and Jurisdiction Lawanda Kendrick June 6, 2016 Grantham University Situation 1: Mike, a Utah resident, sues Jim, a Nevada resident for $60,000 in Nevada's Federal Distract court for negligence (a state law civil suit). Jim argues that the case should be dismissed for a lack of subject matter jurisdiction. Is he right? This situation would fall under diversity of citizenship being that Mike lives in Utah and Jim lives in Nevada. Diversity of citizenship is the basis for federal court jurisdiction over a law suit between citizens of different states and countries. Mike is suing Jim for $60,000 but the amount in controversy in diversity cases must be at least $75,000. So, yes, Jim is right for arguing that the case should be dismissed for a lack of subject matter jurisdiction. Situation 2: Bill, a California resident, sues Bob, also a California resident, for copyright infringement, a cause of action arising under federal law, in a Federal District Court in California. Bob argues that there is no subject matter jurisdiction. Is he right? In this case, Bob is wrong because copyright infringement is under the jurisdiction of the Federal courts. Under 28 U.S. Code § 1338 (a) the district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to patents, plant variety protection, copyrights and trademarks (LII, para.1). Situation 3: Billy, a Seattle, Washington resident, sues the Orange Corporation, a......

Words: 592 - Pages: 3

Premium Essay

Introduction to Law and Business Ethics and Social Responsibility

...where large multinational corporations like the textile industry face charges of violating human rights in third world countries. Using child labor questions the human rights, ethics, and social responsibility of the textile manufacturing industry. An analysis of how the textile manufacturing illustration applies to decision-making and operations in an ethical and social responsible business. The economic responsibilities of the business would produce products and services that society wants at a price that perpetuates the textile business. The textile manufacturing business decides on legal responsibilities where they obey local, state, federal, and global laws. The textile manufacturing business makes decisions based on their ethical responsibilities of meeting other societal expectations, written and not written by laws. Reference Jennings, M.M. (2010). Foundations of the Legal Environment of Business. Mason, OH:South- Western Cengage Learning...

Words: 304 - Pages: 2

Premium Essay

Introduction

...Introduction and Conclusion Latonya Ballard Com/156 September 7, 2012 Lugene Rosen “What can you say about a person that does want to change their life?’ It can be hard to make life changes; people may be dealing with everyday problems that they need to put effort to. ‘How can people make smart choices while eating right and exercising?’ It is daily activities that can be done to improve the ability to get the body are shape to live a long time. The more a person chose to eat the right nutrients and have vitamins in their body the more they will stay healthy. The average person think if they eat what they chose to eat they will live a long time, but it is up to the person in general to chose what lifestyle they want to live. A person has to get enough physical activities to burn any calories to stay in shape. If a person eat in moderation the weight will come off quick, and then the foods he/she chooses can benefit a heart healthy life. If people eat a well-balance diet and exercising it can help the heart stay stronger. Healthy eating will keep you living longer, and help you stay heart health with a balance diet. People should consider eating healthy and exercising to live longer. Most people in society have busy lives and do not think about eating healthy. It is a convenience for someone to stop and get fast foods; it can clog the arteries in the heart with fat and cholesterol. However, people that eat unhealthy and do not exercise will have a slow metabolism. It......

Words: 1115 - Pages: 5