Foundations of Law (70102) Exam and Class Notes

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  • UniversityUniversity of Technology Sydney
  • AreaLaw
  • CourseFoundations of Law
  • Course Code70102
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65%Verified Grade
  • Authormeganhosiosky
  • Created2014
  • Pages83
  • Approved14 February 2018

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About these notes

These are complete Foundations of Law Exam and Class Notes . They include;

 

  • Class 1
    • Method of Problem Solving: IRAC
    • Class Discussion Notes
  • Class 2
    • Critical Thinking
  • Class 3
    • The Law
    • Substantive and Procedural Law
    • Public and Private Law: subsections of substantive law
      • Public Law
      • Private Law
    • Criminal and Civil Law
      • Criminal Law
      • Civil Law
    • International Law and Domestic Law
    • 6 Purposes of Law
      • Resolving Disputes
      • Maintaining Order
      • Reinforcing community values
      • Helping the disadvantaged
      • Stabilising the economy
      • Preventing misuse of power
    • 5 Reasons for Changing Law
      • Political Change
      • Correcting Errors
      • Changing Values
      • Lobby groups
      • Changing technology
    • Standards of Law
    • Natural Law Theory
      • Natural Law and Positive Law
      • Influences on Natural Law Theory
      • Criticisms of Natural Law Theory
    • Legal Positivism
      • Views of Legal Positivists
      • Criticisms of Legal Positivism
    • Relationship between Natural Law Theory and Legal Positivism
    • Class Discussion Notes
  • Class 4
    • Sources of Law in Australia
  • Class 5
    • Common Law and Equity
    • The Doctrine of Precedent
      • Binding and Persuasive Precedents
      • Distinguishing and Rejecting Precedent
      • Evaluating Doctrine of Precedent
    • The Development of Common Law by Patrick Parkinson – Seminar Materials
    • The Development of Equity by Patrick Parkinson – Seminar Materials
      • Relationship between Equity and the Common Law
      • The Doctrine of Precedent by Patrick Parkinson – Seminar Materials
    • Class Discussion Notes
      • Writ System
      • Juries
      • Court Hierarchy
      • NSW Hierarchy
      • Commonwealth Hierarchy
    • Class 7
      • The Development of British Law: Early British History
        • The Rise of Parliament
        • The Social Contract
      • The Australian Legal System
        • The Rule of Law
        • A Liberal Democracy
        • A Common Law Legal System
        • A Constitutional Monarchy
        • A Federation
        • Separation of Powers
        • Responsible Government
      • Constitutional Principles of the Westminster System by Patrick Parkinson
        • The Rule of Law
        • Due Process of Law
        • Separation of Powers
      • Australian Constitutional Law and Theory by Blackshield & Williams – Seminar Materials
      • Class Discussion Notes
        • Feudal system
        • Magna Carta
        • Westminster System
        • The Glorious Revolution
        • Constitutional Monarchy
        • Parliamentary Sovereignty
      • Class 9
        • Indigenous Australians and the law
          • Customary Law
          • Terra Nullius
        • Development of Australian law
          • Colonial Law
        • Indigenous Legal Relations in Australia – Seminar Materials
          • Context of Colonisation
          • Contested Sovereignty
          • Rule of Law
          • Dispossession by law
        • An Unruly Child by Kercher – Seminar Material
        • Tradition and change in Australian Law, Patrick Parkinson – Seminar Materials
        • Why the history of Australian law is not English – Bruce Kercher
        • Class Discussion
      • Class 10
        • Communicating Effectively: Written Communication
          • Forms of Written Communication
        • Critical Thinking Skills – Stella Cottrell, Seminar Materials
          • Characteristics of critical, analytical writing
        • Legal Essay writing – Jane Wangmann, Seminar Materials
      • Class 11
        • Case Law
          • Court Systems
          • Jurisdiction
          • State and Territory Court Systems
          • Cross-Vesting
          • Specialized Courts, tribunals and decision making bodies
        • Court Processes
          • The Adversarial System
          • Court Personnel
          • Civil and Criminal Procedure
          • Case Reports
        • Class Notes
          • How to write a case note
          • Case note for Barrett v Ministry of Defence
        • Class 13
          • Federation
          • The Stolen Generations
            • Northern Territory Intervention
            • The Way Forward: A treaty
            • The Way Forward: Constitutional Reform
          • The Australian Constitution
            • Constitutional Conventions
            • Federal and State Relations
            • Regulating the Territories
            • Rights and Freedoms
            • Changing the Constitution
          • Executive Government in Australia
            • The Governor-General and the State Governors
          • Indigenous Legal Relations in Australia – Seminar Materials
            • The Protection Era
            • National system of Protection and Intensification of control
            • The Right to Vote
            • Citizenship Rights
            • The Council for Aboriginal Reconciliation
            • A Bill of Rights
          • Exile on main street: Australia’s legislative agenda for human rights by Kinley and Ernst – Seminar Materials
            • History of Human Rights Protection in Australia
            • The Human Rights (Parliamentary Scrutiny) Act 2011
          • Class Discussion
            • Protection Era
            • Federation
            • Constitution
            • Bill of Rights
          • Class 14
            • Sources of Law in Australia
              • Legislation
            • Reading Legislation: Structure of Legislation
            • Class Discussion: Delegated Legislation
          • Class 15
            • International Law
              • Globally Minded
              • The Global Legal Context
              • Forms of Government
              • Types of Legal Systems
            • The relationships between national and international governance – Seminar Materials
              • Compliance with Agreements
            • Australian Public Law – Seminar Materials
              • The Security Council
              • The International Court of Justice
            • Class Notes
              • Different Forms of Government
              • International Law
            • Class 16
              • Interpreting Legislation
                • The Literal Approach
                • The Contextual Approach
                • The Purposive Approach
                • Common Law Presumptions
                • Statutory Rules
              • Class Notes
            • Class 17
              • Indigenous Australians and the Law today – Textbook
                • Recognition of Customary Law
                • The Stolen Generations
              • Australian Law Reform Commission, The Recognition of Aboriginal Customary Law – Seminar Materials
              • Indigenous Legal Relations in Australia – Seminar Materials
                • Customary Law and Sentencing
              • Law Reform Commission of Western Australia, Aboriginal Customary Laws – Seminar Materials
                • Customary Law Myths and Misconceptions
              • Compromised Jurisprudence by Lisa Strelein – Seminar Materials
                • Law Before Mabo
                • Legislative Responses
                • The Native Title Act 1993
                • Wik and the Ten-Point Plan
                • Relationship between Common Law and the Legislation
              • Native Title in Australia, an Ethnographic Perspective by Peter Sutton – Seminar Materials
                • Basic Characteristics of Aboriginal Country as Property
              • The History Wars: Debates about history in the native title process by Skyring – Seminar Materials
              • Class Discussion
            • Class 19
              • Formalism vs Realism
                • Strict Formalism
                • Moderate Formalism
                • Legal Realism
                • Judicial Activism
              • The Australian Judiciary – Seminar Materials
              • Dwelling on the Threshold: Critical Essays on Modern Legal Thought – Seminar Materials
              • Tradition and Change in Australian Law, Patrick Parkinson – Seminar Materials
                • The demise of the declaratory theory
              • Class Discussion
                • Judicial independence
                • Legal Formalism
                • Legal Realism
                • Judicial Activism
              • – If parliament is not willing to not modify the law to what society needs. Judges and courts pay an important role for laws to represent contemporary values.
              • – If judges are seen as too activists then they can de-credit themselves as independent.
              • Class 20
                • Principles and Practice of Australian Law by Elizabeth Ellis – Seminar Materials
                  • Limits, Leeways and Legitimacy
                • Storytelling and the Law: A case study of Louth v Diprose by Lisa Sarmas – Seminar Materials
                  • Unconscionable dealing
                • Class Discussion
              • Class 21
                • Law and Power
                  • Marxist Legal Theory
                  • Critical Legal Studies
                  • Post-Modern Legal theory
                  • Feminist legal theories
                  • Critical race theory
                  • Critiquing Whiteness – pg 488
                • Feminist Legal theory: an introduction by Margaret Thornton – Seminar Materials
                • The Stolen Generation by Larissa Behrendt – Seminar Materials
                  • The Effects
                  • Stolen Wages
                  • Genocide
                • Class Discussion
                  • What is ‘loss of consortium?’
                  • What is sexually transmitted debt?
                  • Can what happened in the Stolen Generations be legally defined as genocide?
                • Class 22
                  • Legal Reasoning
                    • CIRAC
                    • Legal Reasoning and Logic
                  • Class Discussion
                    • Types of Reasoning
                  • Class 23
                    • Animal Ethics and the law
                      • Anthropocentrism
                      • Animal ethics
                      • Moral Status of non-animals
                    • Mining development damaging drinking water by Greg Miskelly – Seminar Materials
                    • Global Environmental Crises by Aplin et al – Seminar Materials
                    • The Reconstitution of Property by Arnold – Seminar Materials
                    • The ‘eco-centric’ paradigm by Burdon – Seminar Materials
                    • The Environmental Law Handbook by Farrier and Stein – Seminar Materials
                    • NSW Environmental Protection Authority Board – Seminar Materials
                    • Class Discussion
                      • Describe the concepts of anthropocentric, ecocentric and relational/network theories
                      • Precautionary Principle
                      • Ecologically Sustainable Development

 

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