Astronaut Lecture Experience

Questions and Answers

What does attending the lecture at MLT involve?

Listening to music

Participating in a quiz

Watching a movie

Meeting a real astronaut (correct)

Law is described as being hard work.

True

What are handbrakes in the context of law?

Principles that stop wrongful behavior.

Match the following terms with their descriptions:

Equity = A branch of law dealing with fairness and justice. Common Law = Law based on judicial precedents. Customary Law = Law based on traditional practices. Trust Fund = A legal arrangement for managing assets for another party. Signup and view all the answers

The main rule is that _________ overrules common law.

customary law Signup and view all the answers

What should students do if they do not understand something in law school?

Look it up online or ask their tutor. Signup and view all the answers

What is the IRAC method?

A writing format for legal exams. Signup and view all the answers

Students need to enjoy reading and writing to succeed in law.

True Signup and view all the answers

What is the significance of the year 1975 in this context?

It marks when changes to laws began after gaining independence. Signup and view all the answers

What is the main rule regarding customary law and common law?

Customary law overrules common law. Signup and view all the answers

What is the exception to the rule that customary law overrules common law?

The exception is if customary law is repugnant. Signup and view all the answers

In the case of Tyler versus Lamont, what was established regarding customary law and equity?

Customary law overrules equity. Signup and view all the answers

The court has an obligation to __________ when customary law and equity clash.

investigate Signup and view all the answers

What extraordinary factor influences the application of customary law?

Conflict with the Constitution. Signup and view all the answers

True or False: According to the text, customary law allows for killing if compensation is not paid.

False Signup and view all the answers

What did the case of Maggaton versus Beggy address?

Gender equality in marriage customs. Signup and view all the answers

What responsibility does counsel and the court have regarding claims of custom?

They must check the validity of the claim. Signup and view all the answers

What principle does the text prioritize over customary law?

General principles of humanity. Signup and view all the answers

What is cybercrime?

Cybercrime refers to illegal activities performed via the internet, including scams, extortion, and sharing illicit content. Signup and view all the answers

What is the role of the Law Reform Commission in addressing issues of cybercrime?

To write new laws. Signup and view all the answers

Judges are responsible for speaking about what the law is.

False Signup and view all the answers

What is the main rule to remember in legal discussions as mentioned?

Main rule, exception, section, section. Signup and view all the answers

What opportunity is mentioned at the end of the content?

The opportunity to visit and see a real live astronaut. Signup and view all the answers

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.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz explores the unique experience of meeting a real astronaut and the excitement surrounding such events. It reflects on the impact of media presence and personal interactions with celebrities in the field of space exploration. Discover more about the life and experiences of those who have traveled into space.