W1. Intro to Law
Business and the Law
Introduction to the relationship between law and business.
Questions raised:
How does law relate to business?
What is the meaning and importance of law?
What does law regulate?
Why does law change?
Difference between criminal and civil law.
Understanding the Law
Definition of Law:
Set of rules made by the Government through Parliament.
Enforceable by Government authorities like the Police and Courts.
Business Law:
Set of rules regulating businesses and business activities made by the Government.
Enforced by authorities such as the Australian Competition and Consumer Commission.
Purpose of Law
Resolves disputes and maintains social order.
Preserves and enforces community values.
Protects the disadvantaged.
Stabilizes the economy and prevents misuse of power.
Categories of Law
Constitutional Law
Administrative Law
Public Law (including Criminal Law)
Private Law (including Taxation, Tort, Contract, Competition and Consumer, Property, Commercial, Employment, Company and Partnership Law)
Criminal Law
Aims:
Protect individuals and community.
Regulate activities for the common good.
Enforce community standards.
Important criminal laws for businesses include regulations around companies and securities trading.
Criminal Law Context
Prosecution vs. Accused:
Government (prosecution) against individual accused.
Standard of proof: guilt must be proven beyond a reasonable doubt.
Burden of proof rests with the prosecution to gather evidence.
Features of the Adversary System of Justice (Criminal)
Involves two parties: prosecution and accused.
Legal representation:
Solicitors provide legal advice.
Barristers defend in court.
Role of the judge: maintain court order, instruct juries, impartiality, and decide sentences.
Jury: 12 members used for serious offences in non-guilty pleas.
Case Study: R v Dudley and Stephens (1884)
Scenario: survival at sea leads to a murder case.
Accused killed a teenager to consume him.
Legal issues:
Justification for killing vs. serious crime and punishment.
Developing Arguments for Case Study
Prosecution: Write two points to convince jury of guilt.
Defense: Write two points to argue for the accused's innocence.
Requirement: Unanimous jury verdict for conviction.
Distinctions in Criminal Law
Indictable Offences:
Serious crimes (murder, aggravated assault).
Heard in higher courts; potential for long sentences.
Summary Offences:
Less serious crimes (speeding, minor theft).
Heard in lower courts; potential for shorter sentences or fines.
Civil Law
Defines private rights and duties.
Resolves disputes between individuals.
Provides compensation for rights infringed.
Civil Law Context
Plaintiff sues the defendant (can be individuals, companies, governments).
Standard of proof: on the balance of probabilities.
Burden of proof: rests on the plaintiff.
Features of the Adversary System of Justice (Civil)
Involves two parties: plaintiff and defendant.
Legal representation:
Solicitors provide legal advice.
Barristers defend in court.
Role of the judge: maintain order, instruct jury, decide liability and compensation.
Jury involvement: only if requested; majority decision based on probabilities.
Case Study: Donoghue v Stevenson (1932)
Incident: Mrs. Donoghue finds a dead snail in her drink, leading to illness.
Legal significance: Introduced the concept of Duty of Care.
Arguments for Donoghue v Stevenson Case
Plaintiff: Construct two arguments supporting responsibility for illness.
Defense: Construct two arguments against responsibility for illness.
Decision-making: Jury determines liability and compensation required based on majority verdict.
Further Examples of Potential Civil Liability
Husband forgetting anniversary can be sued.
Lawyer misinforming a client leading to financial loss can be sued.
Pedestrian tripping on uneven pavement can sue the council.
Parents of an injured child in school can sue the teacher or school for harm.