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Flashcards in Intro to Law and Business Deck (15)
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What is law?

Law is a rule/principle recognized and applied by the State in the administration of justice

- the set of rules
- made by the state
- enforceable by prosecution or litigation


What is justice?

Justice can be understood as fairness, such a fair compensation or punishment, a fair decision or a fair distribution of resources


What does law do?

- resolved disputes
- maintains social order
- preserves and enforces community values
- protects the disadvantaged
- stabilizes the economy
- prevents the misuse of power


Why does law change?

- political change
- the need to fix problems with the law
- changing community values
- pressure from lobby groups
- changing technology


Business law

The set of rules regulating businesses and business activities made by the state and enforceable by prosecution or litigation


3 types of justice

Distributive justice
Procedural justice
Retributive justice


2 laws in Australia

Common law

Statutory law & delegated legislation


Sources of law

Statute law - made by commonwealth , state & territory parliaments in the form of statutes (Acts)

E.g Racial Discrimination Act 1975 (Cth)

Case Law - made by courts (judges)

E.g Mabo v Queensland (No 2) (1992) 175 CLR 1


Common law system

Civil law - citizen v citizen
Compensation $$$
An action between individuals
Onus of proof on the plaintiff
Proof based on balance of probabilities
Aim at compensating the injured party

Criminal law - state v accused
Punishment e.g jail
State v accused onus of proof on the state
Proof must be beyond the reasonable doubt
Aim at punishing the offender


Common law meanings

1. A legal system inherited from England

2. A source of law (common law as opposed to legislation)


Public law

Administrative law
Constitutional law
Criminal law
Industrial law


Private law

Contract law
Commercial law
Torts law
Property law
Negotiable instruments
Succession law
Business entitles
Trusts law


Common law v civil law

Common law - adversarial

Civil law - inquisitorial


Classifications of the law

Civil law legal system v common law legal system

Civil law
- statute (codified)
- based on Roman law
- emphasis on rights of parties
- emphasis on complete code of written laws
- mode of procedure is inquisitorial

Common law
- based on case law
- emphasis on remedies
- doctrine of precedent very important
- mode of procedure is adversarial


Civil law meanings

1. A legal system most used in the world

2. A category of law within the common law system