LPC summary notes Commercial Law and IP - (Get a distiction score)
Introduction
Law definition:
❖ A set of rules, made by state, and enforceable by prosecution or litigation.
Business Law:
❖ The set of rules regulating businesses and business activities made by the state and
enforceable by prosecution or litigation.
Purpose of law:
→ Resolve disputes
→ Maintains social order
→ Preserves and enforces community values
→ Protects the disadvantaged
→ Stabilizes the economy
→ Prevents the misuse of power
Law category
Public law
▪ Constitutional law
▪ Administrative law
▪ Criminal Law
▪ Taxation law
Private law
♦ Tort law
♦ Contract law
♦ Competition and Consumer law
♦ Property law
♦ Commercial law
♦ Employment law
♦ Company and Partnership law
Types of Legal systems
Civil law:
, Most Common
➢ Comes in forms of codes, statutes and constitutions
➢ Examples include France, Germany, Russia, China, Japan, Thailand and Korea
Common Law:
➢ Main sources of law are legislation and case law
➢ The judiciary is much more powerful and influential in common law countries
than in civil law countries
➢ Examples include United Kingdom, Australia, Canada, New Zealand
Australian Legal System 6 characteristics
Liberal democracy:
→ Laws are made by, the executive government consists of, elected representatives who
exercise their power subject to the rule of law and to the various federal and state
constitutions
Common Law legal system:
→ Our legal system is based on the British legal system, and can be contrasted with other
forms of legal systems such as civil law legal system. Constitutional monarchy: The head
of state is Elizabeth 2 Queen of Australia Federation: In addition to the commonwealth
government there are various state governments that are not subordinate to the federal
government
Separation of power:
→ Laws are made by a parliament administered by an Executive council or government in
Council, and interpreted and applied to particular cases by a court system.
Responsible Government:
→ The ministers comprising the executive are elected representatives who are also
members of an are answerable to the legislature.
History:
The British settled Australia rather than conquered it because they did not recognize the
indigenous laws in place
Introduction
Law definition:
❖ A set of rules, made by state, and enforceable by prosecution or litigation.
Business Law:
❖ The set of rules regulating businesses and business activities made by the state and
enforceable by prosecution or litigation.
Purpose of law:
→ Resolve disputes
→ Maintains social order
→ Preserves and enforces community values
→ Protects the disadvantaged
→ Stabilizes the economy
→ Prevents the misuse of power
Law category
Public law
▪ Constitutional law
▪ Administrative law
▪ Criminal Law
▪ Taxation law
Private law
♦ Tort law
♦ Contract law
♦ Competition and Consumer law
♦ Property law
♦ Commercial law
♦ Employment law
♦ Company and Partnership law
Types of Legal systems
Civil law:
, Most Common
➢ Comes in forms of codes, statutes and constitutions
➢ Examples include France, Germany, Russia, China, Japan, Thailand and Korea
Common Law:
➢ Main sources of law are legislation and case law
➢ The judiciary is much more powerful and influential in common law countries
than in civil law countries
➢ Examples include United Kingdom, Australia, Canada, New Zealand
Australian Legal System 6 characteristics
Liberal democracy:
→ Laws are made by, the executive government consists of, elected representatives who
exercise their power subject to the rule of law and to the various federal and state
constitutions
Common Law legal system:
→ Our legal system is based on the British legal system, and can be contrasted with other
forms of legal systems such as civil law legal system. Constitutional monarchy: The head
of state is Elizabeth 2 Queen of Australia Federation: In addition to the commonwealth
government there are various state governments that are not subordinate to the federal
government
Separation of power:
→ Laws are made by a parliament administered by an Executive council or government in
Council, and interpreted and applied to particular cases by a court system.
Responsible Government:
→ The ministers comprising the executive are elected representatives who are also
members of an are answerable to the legislature.
History:
The British settled Australia rather than conquered it because they did not recognize the
indigenous laws in place
