• Tidak ada hasil yang ditemukan

faculty of law - handbook 1977 - Digitised Collections

N/A
N/A
Protected

Academic year: 2023

Membagikan "faculty of law - handbook 1977 - Digitised Collections"

Copied!
93
0
0

Teks penuh

The course is one of those prescribed by the rules of the Council for Legal Education as a prerequisite for admission to practice. They must also complete, whether as part of a degree course or otherwise, the subjects of Evidence, Taxation, Procedure, Accountancy and Professional Conduct.

UNDERGRADUATE LAW COURSES

  • Each selection committee shall be responsible for selecting, up to the number fixed by Council, those applicants who are considered most
  • Except to the extent that they are expressly modified hereby, the University General Principles of Slection for First Year Courses are in-
  • Selection Committee
  • Applications
  • Basis of Selection
  • Reservation of Places

Any other factors approved by the Professorial Council and the Council on the recommendation of the relevant Faculty or Board of Studies. Applications for places in the sub-quota must be submitted to the Faculty of Law no later than 31 October of the year preceding that in which admission to the Law Course is requested.

ADVICE TO NEW STUDENTS

In class, he will be asked to state facts or propositions of law and argue for or against a particular interpretation of the decision. So the most important thing is to make your summary of the case and highlight:. a) the courts where it was heard;.

BACHELOR OF LAWS AND

The Queen's Courts by Archer (Pelican) which provides useful and interesting information on many aspects of the English legal system and legal history. Nothing will more inspire a young man with a sense of the dignity and value of law (as well as of his natural weaknesses and past mistakes) than the lives of its many great architects.

BACHELOR OF LAWS WITH HONOURS

  • A candidate for the degree of bachelor of Laws shall, after matricu- lating, follow a course of studies for at least four years (or such lesser
  • A candidate who—
  • Notwithstanding anything to the contrary in any regulation a candidate who has passed at the University in the subjects required to be passed
  • Except by permission of the faculty no candidate shall retain credit for any subject in the course for the degree of bachelor of Laws for a
  • Subject to clause 7 and to any other statute or regulation whereby a candidate may be deprived of credit for any subject, where a candidate
  • A candidate who passed in Legal Process (Special Course) prior to 31 March, 1976, shall not be required to pass in Legal Process, but
  • No candidate may in any year pursue a course of study or receive credit for examinations passed unless his proposed selection of subjects
  • For the purposes of Clause 10(a) hereof the subject 730-303 Constitutional Law shall continue to be a subject for the degree until
  • There shall be a Final Honours Board of the faculty made up of the professor and four other members of the faculty nominated by the faculty
  • It shall be the responsibility of the Final Honours Board to
  • To be considered for the degree of bachelor of Laws with honours a student must—
  • A candidate who does not pass in or receive credit ad eundem statum for subjects carrying a total of forty-one or more points shall not be
  • The following classes of candidates shall be eligible for the award of an honours degree, but not for Inclusion in the class list of candidates
  • Where a candidate has completed more subjects than are required for the LLB degree his pe rf ormance in any such additional subject may
  • Honours points shall be awarded where the candidate gains honours in any three-point scoring subject offered by the Faculty on the following
  • Where a candidate is not required to pass in Constitutional and Legal History and does not do so the Final Honours Board shall multiply
  • These rules shall come into force on 1st March 1977

BACHELOR OF LAW. i) The subjects of the degree and the points to be awarded for each are specified in clause 2 herein. ii). BACHELOR OF LAWS WITH LEATHER. tions) are awarded on the basis of a review of the student's progress on the bachelor's degree in law.

DETAILS OF SUBJECTS

When a candidate is not required to take constitutional and legal history and fails to do so, the final honors committee multiplies legal history and fails to do so, the final honors committee multiplies his score by 17/16.

730-502 ACCOUNTS

730-302 ADVANCED ADMINISTRATIVE LAW

This course will deal with three types of legal relationships, namely agency, partnership and other unincorporated association (such as a club). Among the matters to be considered are: a) the creation of the relationship of principal and agent, partnership or other unincorporated association;. The course will also cover the circumstances in which the agent, partner or member has authority - express, implied, apparent or by endorsement.

  • Public meetings, processions and demonstrations
  • Political expression—
  • Obscenity—
  • Contempt of Court—
  • Religion and Conscience—
  • Police powers and Citizen rights—
  • Compulsory treatment of the physically and mentally ill
  • Contraception, Sterilization and Abortion
  • Drug Offences — legal restrictions on freedom to 'Go to hell one's own way'
  • Freedom of Movement—
  • Discriminatory treatment of minorities and special groups—
  • Protection from the arbitrary exercise of government power—Parlia- ment; Ministerial responsibility; Administrative Law; Ombudsmen
  • The Right to Privacy—
  • Property—

This part of the subject deals with those principles of contract law and damages which apply to banking transactions and matters connected therewith. This part of the subject deals with the concept of negotiable instruments and its particular characteristics, the Act relating to negotiable instruments and, in particular, the rights and obligations of parties to bills of exchange, promissory notes and cheques. The study will begin with an introductory treatment of corporate personality, various types of corporations, the history of corporate law and the development of the concept of limited liability.

730-306 COMPARATIVE LAW

Written work and tests or a combination of the two approved by the faculty may be required and tests or a combination of the two approved by the faculty may be required during the year as an alternative or supplement, or as a full or partial replacement for , this letter.

730-404 CONFLICT OF LAWS

Sykes E I A Textbook of the Australian Conflict of Laws Law Book 1971 Nygh P E Conflict of Laws in Australia 2nd ed (of een latere ed) Butter-.

730-104 CONSTITUTIONAL AND ADMINISTRATIVE LAW

Brett P and Hogg P W Cases and Materials on Administrative Law 3rd ed Tracey R R S ass by Sykes E I Butterworth 1975. Written work and tests or a combination of both as approved by the faculty may be required during the year as an alternative or in addition to , or as a total or partial substitute for this paper.

730-103 CONSTITUTIONAL AND LEGAL HISTORY

730-303 CONSTITUTIONAL LAW

This course briefly analyzes the distribution of powers and some general problems that courts face in interpreting the Constitution, reserving a detailed discussion of specific interpretive problems for the Advanced Constitutional Law course. In addition, a large part of the course will be devoted to Civil Liberties Law, with analysis of some of the problems that the clash between the interests of society and the individual, e.g. Written papers and tests or a combination of both as approved by the faculty may be and tests or a combination of both as approved by the faculty may be required during the year as an alternative or in addition to or as a full or partial replacement for, this paper.

730-325 ADVANCED CONSTITUTIONAL LAW

The Commonwealth Constitution assigns specific powers of government to the Commonwealth, with the remainder of the powers remaining with the States. Campbell E and Whitmore H Freedom in Australia 2nd ed SUP 1973 Feigenbaum J I and Hanks P Australian Constitutional Law Butter-. Attention will also be paid to the effectiveness of the functioning of the Constitution in the selected areas.

730-311 CONSUMER LAW

730-202 CONTRACTS

This course includes a study of the nature and purposes of criminal law and the goals that this branch of law seeks to achieve. Reports of the Criminal Law and Penal Methods Committee, South Australia; Commonwealth Law Reform Commission Reports. The subjects of the inquiry will include an examination of proposed reforms of the general part of the criminal law: causation, the psychological element of crime, the general defences, general inculpation doctrines such as aiding and abetting, corporate liability and inchoate liability.

730 - 313 FAMILY LAW

730 - 314 INSURANCE LAW

International Law differs from most other legal subjects because it rests on a consensual order rather than on a system of rules and sanctions. The course will include study through jurisprudence of the following topics: sources of international law, international law and municipal law, international personality, recognition, state territory, treaties, state jurisdiction, the use of force and human rights. There will also be study of the law of the sea, and air and space law.

Principles of Public International Law 2nd ed OUP 1973 Dam K The G.A.T.T.—Law and International Economic Organisation

Written work and tests, or a combination of both as approved by the faculty, may be and tests or a combination of both, as approved by the faculty, may be required during the year as an alternative or supplement to, or as a full or partial replacement for, this paper. Attention will be given to international organizations, including the International Court of Justice, the United Nations, regional organizations and international economic organizations. A conceptual analysis of legal terminology is provided, along with a detailed examination of the relationship between law and other modes of social order.

730 - 412 LAND CONTRACTS

Conciliation and Arbitration Act 1904-1976 Commonwealth 'Workers' Compensation Act 1958 Victoria as amended 'Employers and Employees' Act 1958 Victoria. Sales agreement own land; implied provisions; terms in Table A in the Seventh Schedule to the Transfer of Land Act 1958 and in the Third Schedule to the Property Law Act 1958; breach of contract;. Brokers: Brokers Act 1958; authority to bind the client and to receive money on his behalf.

730-402 LEGAL HISTORY

Regulation of land use under the Town and Country Planning Acts and by municipal by-law under the Local Government Act. Whitfield L A Founders of the Law in Australia Butterworth 1971 Detailed reading lists will be provided at the start of the year and throughout the year.

730-101 LEGAL PROCESS

730-305 LITIGATION

Litigation is a regulated conflict, and the regulation of that conflict is largely incorporated in and derived from the rules of procedure known as the Rules of the Supreme Court. The current rules of the Supreme Court are those of 1957, although since 1957 these rules have been amended from time to time. The course also deals with appeals from an individual judge to the General Court of the Supreme Court and from the Supreme Court to the High Court.

730-503 PROFESSIONAL CONDUCT

Rules of the Supreme Court 1957 Reprint No 3. Commonwealth Service and Execution of Process Act 1901-1968 Recommended for reference:. This course deals with an analysis of the fundamental principles of property law. The course begins with an examination of the meaning of the concept of property and the purposes that are or should be fulfilled by property rights.

730-319 PROPERTY 2

730-413 RESEARCH PROJECT

  • Defences Change of position
  • The Recovery of Benefits Acquired by Wrongful Act
  • Recovery of Unrequested Benefits Benefits conferred in an emergency
  • Attornment
  • Restitution of benefits conferred under ineffective contracts Recovery of reward under ineffective bargains
  • examination paper for pass and for honours. Written work and tests or a combination of both as approval by the faculty may be

Students enrolling in this course will be notified of the appropriate books at the beginning of each year. Recovery of benefits paid in error The recovery of money that has been paid in error. Winfield PH Law of Quasi-Contracts Sweet & Maxwell 1952 American Law Institute Reformulation of the Restitution Act 1937 REVIEW.

730-304 SALE OF GOODS

Jackson R M History of Quasi-Contract in English Law CUP 1936 Stoljar SJ Law of Quasi-Contract Law Book 1964. Written work and tests or a combination of both can be approved by the faculty and tests or a combination of both can be approved by the faculty may be required during the year as an alternative or supplement to, or as a full or partial replacement of, this article.

730-401 SECURITY LAW

730-323 SUCCESSION

730-407 TAXATION

H. Australia Ltd Australian Federal Tax Reporter and Australian Tax Cases and Australian Estate and Gift Duty Reporter (Loose-leaf

C F Arrangements for the Avoidance of Taxation Law Book 1072 Australian Tax Review Law Book

730-201 TORTS

More detailed advice on the choice of text or texts to purchase will be given at the beginning of the course. The course includes a brief explanation of the competitive economy: business practices and the application of price agreements, territorial agreements, resale price fixing, exclusive dealing, secret tenders and bids, monopolies and mergers; common law, including restraint of trade, conspiracy and other economic damages; legislative control with a comparative study of UK and US legislation and experience. Areeda P Antitrust Analysis 2nd ed 1974 Little Brown Kintner E W An Anti-Trust Primer Macmillan 1973 Kintner E W A Robinson-Patman Primer Macmillan 1970.

730-301 TRUSTS

J and Baxt R Discretionary Trusts Butterworth 1975 Jacobs K S The Law of Trusts in New South Wales 3rd ed Butterworth

C F Equitable Remedies Law Book 1971

MOOT COURT

  • Students may select their own times, dates and positions and a time- table will be posted in Tutorial Room B from 5th January until 21st
  • Selection should be as follows—
  • Absence from Moot—If for any reason a student proposes to be absent from a moot, permission must be requested in writing and granted
  • As soon as the materials for each moot are available, they will be posted to each member of the team. On receipt of the materials each
  • Economic Geography 1
    • The following annual prize to be known as the Supreme Court Prize
    • The following exhibitions to be known as Supreme Court Exhibitions to be awarded annually

The candidate will be eligible for admission to the degree of Bachelor of Commerce after completing the studies of the first four years of the course. To the candidate selected by the Faculty of Law as the best student completing the final year of the course for the degree of Bachelor of Laws with Honours-8350. This prize valued at $250.00 is awarded to the woman placed highest in the class list for the degree of Bachelor of Laws with Honors.

HIGHER DEGREES IN LAW

  • A candidate who fulfils the foregoing requirements may be admitted to the degree of master of Laws

A candidate who meets the above requirements can be admitted to the degree cand.jur.

730-601 MASTER OF LAWS BY THESIS

To maintain candidacy for the award of the degree, a candidate must obtain an average mark of not less than seventy percent in the four subjects of his approved course. If he achieves a mark of at least seventy percent in that fifth subject, he will be eligible for the award of the degree. In each of the subjects offered, there will be twelve seminars of two hours each.

730-632 ADVANCED INCOME TAX LAW B

730-627 CREDIT LAW

Conflicts between the buyer or mortgagee of receivables and other buyers or mortgagees, including holders of a variable fee. R M Goode Interest-Purchase Law and Practice 2nd ed Butterworth 1970 C Pannam Law of Money Lenders in Australia and New Zealand Law. E I Sykes The Law of Securities, 2nd ed Law Book 1973 J R Peden Stock in Trade Financing Sydney Butterworth 1974 Banking Act 1959 Commonwealth.

730-636 CRIMINAL LAW AND CODIFICATION

After this introductory segment of the course, selected areas of criminal law that are the subject of current reform proposals will be examined. It is intended that the selection of topics for detailed examination be the subject of class discussion. Candidates will be required to submit two research papers of 5,000 words OR one research paper of 10,000 words on approved topics.

730-622 FEDERAL LAW AND GOVERNMENT

S.W. 7th ed Sydney 1971

This course examines modern philosophical evaluations of the role of appellate judges in deciding 'hard cases'. A significant part of the course is devoted to the contribution of Professor Julius Stone, and in particular to his idea of ​​the role of categories of illusory reference. A detailed reading guide will be issued to candidates at the start of the course.

730-640 RESTRICTIVE TRADE PRACTICES

  • Introduction to the Trade Practices Act 2. Section 47: Exclusive Dealing
  • Authorizations and Clearances
  • Enforcement and Remedies 12. (Reserved)
  • of Doctor of Philosophy 1. A candidate for the degree of doctor of Philosophy must
    • After being accepted he must pursue a course of advanced study and research in the University for such period (being not less than two years)
    • Candidates who have fulfilled the prescribed conditions may be admitted to the degree of doctor of Philosophy
  • of Doctor of Laws
    • A candidate for the degree of doctor of Laws shall be either—
    • Every candidate must submit for examination original works the sub- ject, scope and character of which have been approved by the faculty
    • A candidate shall not submit for examination work in respect of which a degree has been awarded in any university, or, without the per-
    • Where the work submitted incorporates work previously submitted for a degree in any university, the candidate must clearly indicate which
    • If any of the work submitted was prepared in collaboration with another person, the candidate must state clearly and fully the nature and
    • A candidate who has fulfilled the requirements of this regulation and who has been passed by the examiners may be admitted to the degree
    • Inadequate prior qualifications including failure to satisfy any pre- requisites which may apply;
    • Lack of space in the course concerned

The candidate will work under a supervisor appointed by the faculty, and the scholarship may be terminated at any time if the fellow does not perform his duties to the supervisor's satisfaction. In special cases, the board may admit a person who is engaged in another regular profession, who, in the opinion of the board, can pursue his education freely in a department at the university to a significant extent. The candidate must also reimburse the examiners for the written, oral or practical tests that the board, on the recommendation of the examiners, may require.

Referensi

Dokumen terkait

If the Returning Officer considers a candidate or anyone on behalf of the candidate while campaigning may have breached the obligations of a student at Massey University, or if the