Podcast
Questions and Answers
What does attending the lecture at MLT involve?
What does attending the lecture at MLT involve?
Law is described as being hard work.
Law is described as being hard work.
True
What are handbrakes in the context of law?
What are handbrakes in the context of law?
Principles that stop wrongful behavior.
Match the following terms with their descriptions:
Match the following terms with their descriptions:
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The main rule is that _________ overrules common law.
The main rule is that _________ overrules common law.
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What should students do if they do not understand something in law school?
What should students do if they do not understand something in law school?
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What is the IRAC method?
What is the IRAC method?
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Students need to enjoy reading and writing to succeed in law.
Students need to enjoy reading and writing to succeed in law.
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What is the significance of the year 1975 in this context?
What is the significance of the year 1975 in this context?
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What is the main rule regarding customary law and common law?
What is the main rule regarding customary law and common law?
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What is the exception to the rule that customary law overrules common law?
What is the exception to the rule that customary law overrules common law?
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In the case of Tyler versus Lamont, what was established regarding customary law and equity?
In the case of Tyler versus Lamont, what was established regarding customary law and equity?
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The court has an obligation to __________ when customary law and equity clash.
The court has an obligation to __________ when customary law and equity clash.
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What extraordinary factor influences the application of customary law?
What extraordinary factor influences the application of customary law?
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True or False: According to the text, customary law allows for killing if compensation is not paid.
True or False: According to the text, customary law allows for killing if compensation is not paid.
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What did the case of Maggaton versus Beggy address?
What did the case of Maggaton versus Beggy address?
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What responsibility does counsel and the court have regarding claims of custom?
What responsibility does counsel and the court have regarding claims of custom?
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What principle does the text prioritize over customary law?
What principle does the text prioritize over customary law?
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What is cybercrime?
What is cybercrime?
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What is the role of the Law Reform Commission in addressing issues of cybercrime?
What is the role of the Law Reform Commission in addressing issues of cybercrime?
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Judges are responsible for speaking about what the law is.
Judges are responsible for speaking about what the law is.
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What is the main rule to remember in legal discussions as mentioned?
What is the main rule to remember in legal discussions as mentioned?
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What opportunity is mentioned at the end of the content?
What opportunity is mentioned at the end of the content?
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Study Notes
Astronaut Visit
- Opportunity to meet a NASA astronaut discussing the history of human spaceflight after the lecture.
- This engagement highlights the significance of space exploration and personal interaction with experts in the field.
History of Law and Equity
- Discussion on the evolution of equity and common law, referencing the merging of the courts of law and equity to reduce legal complexities and costs.
- Equity traditionally used in managing trust funds, ensuring proper handling of personal assets with the expectation of integrity.
Law School Experience
- First-year law students often experience a shock transitioning from high school success to the rigors of law school, including the encounter with lower grades.
- Emphasis on the importance of reading and understanding legal texts, rather than merely completing assignments—true preparation is essential for future practice.
Core Principles of Legal Education
- Law is characterized as logical and relatively simple, but the workload and dedication required are significant.
- Tenacity and self-motivation distinguish successful law students, emphasizing the importance of independent study and time management.
Professional Development
- Acknowledgment of the challenges in balancing personal life with the demands of a legal career; time management is crucial for survival in law practice.
- It is normal for students to face uncertainty, such as impostor syndrome, recognizing their abilities and worthiness to be in law school.
Role of Equity in Law
- Equity serves as a “handbrake,” providing moral and ethical checks against injustices that may arise within the legal framework.
- The relationship between equity and customary law, highlighting how customary law can take precedence over common law unless deemed repugnant.
Importance of Hard Work
- Pursuing law requires commitment to extensive reading and writing; enjoyment of these tasks is crucial for long-term success in the profession.
- Students must adjust their study habits and discipline to match the demands of legal education; consistency is key to mastering legal principles.
Repugnancy Doctrine
- Detailed explanation of the repugnancy doctrine, which addresses circumstances where customary law may conflict with established legal principles.
- Customary law generally prevails over common law and equity, provided it does not violate fundamental notions of justice or fairness.
Overall Takeaways
- Future lawyers must embrace hard work and maintain persistence in their studies; preparation involves a proactive approach to learning and understanding legal concepts.
- The necessity for legal professionals in society underscores the importance of education and ethical conduct within the legal system.### Customary Law and Equity
- Customary law usually overrules equity in cases unless exceptions apply.
- Case of Tyler vs. Lamont (1961) established that customary law takes precedence over equity.
- Courts have an obligation to investigate the validity and applicability of customary law in disputes.
Investigating Customary Law
- In Cooper vs. P&G (1983), the court adjourned to allow time for the plaintiff to investigate customary law, highlighting the lengthy process of understanding customs in Papua New Guinea.
- The Law Reform Commission advocates for the codification of customary laws to prevent reliance on guesswork regarding customs.
Customary Law and Sorcery
- The Sorcery Act has been repealed, but accusations of sorcery can still lead to violent outcomes, often resulting in willful murder.
- Current laws emphasize that murder under the guise of sorcery is an aggravating factor in legal proceedings.
Courts and Customary Law Clashes
- When customary law and equity clash, the court must investigate customs from the beginning of the case.
- Failure to present customary claims early can lead to complications and potential dismissal of those claims.
Principles of Customary Law
- Main principle: Customary law overrules common law and equity unless it conflicts with:
- The Constitution
- Human rights principles
- Repugnancy implies a conflict between customary law and general principles of humanity.
Key Cases Highlighting Customary Law and Gender Equality
- Maggaton vs. Beggy established that women and men must have equal rights in marriage, as enshrined in the Constitution.
- The outcome was influenced by the fact that men could remarry while women could not, highlighting gender inequality within customary practices.
Repugnancy Examples
- In Keigo vs. Corrin (1976), land cannot be obtained through warfare, deemed incompatible with human rights principles.
- In Cooper vs. P&G (1983), compensatory customs allowing killing for unpaid debts were found incompatible with general human rights principles.
Legislative Gaps
- Issues arise when customary law practices contradict proposed legislation or constitutional provisions, requiring judicial intervention to align practices with modern principles.
- Discussions surrounding the legality of emerging issues like cybercrime may prompt the Law Reform Commission to formulate appropriate legislation.
Jurisprudence and the Role of Law Reform
- The separation of powers ensures that Parliament creates laws while the judiciary interprets and applies them.
- The Law Reform Commission is instrumental in addressing unregulated legal areas, often stepping in when courts find issues too vast to resolve.
Legal Terminology
- 'Ius' corresponds to the concept of law and jurisprudence, while 'ius dicere' implies speaking the law and 'ius dare' relates to enforcing the law.
- This understanding informs the dynamics between legislative creation and judicial enforcement of laws.
Conclusion
- Familiarity with major rules, exceptions, and the intersection of customary law with constitutional mandates is vital for navigating legal cases involving customary issues.
- Awareness of the evolving landscape of law, including reactions to modern challenges such as AI and cybercrime, will shape future legal practices and reforms.
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