Questions and Answers
Who ultimately owns everything on paper in Papua New Guinea?
The King of England
Which legal systems are mentioned as existing simultaneously?
The common people historically had access to the king for grievances.
False
What was the main purpose of setting up a court system by the king?
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Women were granted the right to vote in the 1800s.
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What is the essence of integrity according to the speaker?
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Aristotle wrote a book on ethics stating that law is about getting to the best possible ______.
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What was the significance of the Earl of Oxford case in 1615?
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What motivated the legal system's principles in the Court of Chancery?
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Who was the person that wrote the case down?
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The Australian Constitution contains a clause on freedom of speech.
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What is the main principle associated with equity?
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In the Papua New Guinea Constitution, the underlying law refers to the principles and rules of _____ that applied in England.
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What happens when a law is considered unfair?
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Match the following concepts with their descriptions:
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It is easy to change a constitution compared to ordinary legislation.
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Which country is mentioned as having suspended anti-discrimination policy in the Northern Territory around 2010?
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The main rule in law states that 'thou shall not ____.'
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What must be demonstrated for an exception to the main rule of law?
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Study Notes
Land Ownership and Legal Systems
- In Papua New Guinea, land is seen as owned by the people, but legally, it's under the title of the King of England due to colonial history.
- There are two legal systems: common law (influenced by British colonization) and local customs, creating complex legal navigation not found in other nations.
- Colonial influences shaped the legal systems, with differing outcomes if colonization had been by other European powers.
Historical Context of Law
- Law has evolved from theology to jurisprudence, with significant contributions from ancient philosophers like Aristotle, who focused on ethics and fairness.
- The development of legal systems occurred over centuries, with historical ties to European colonial expansion in Africa, Asia, and the Americas.
- The court systems historically included a separation between legal rules (common law) and matters of conscience (Court of Chancery).
Principles of Equity and Conscience
- Principles of equity originated from the Court of Chancery, which sought to address moral issues and fairness in cases where legal remedies were inadequate.
- Lord Ellesmere emphasized that equity corrects injustices like fraud and breaches of trust, aiming to achieve fair outcomes.
Democracy and Inclusivity in Voting
- Initially, voting rights were restricted to wealthy men, with women and marginalized groups excluded until the 20th century.
- Concepts of fairness have evolved, with modern interpretations advocating for inclusivity, including individuals with past convictions in some jurisdictions.
Integrity and Legal Profession
- Integrity is central to the legal profession; lawyers must hold themselves to a higher moral standard and represent clients with honesty.
- The personal integrity of a lawyer reflects their professionalism, emphasizing the need to act ethically and fairly.
Jurisprudential Philosophy
- Ronald Dworkin's work emphasizes the integrity of law and fairness in legal practices, reinforcing traditional principles of democracy and justice.
- Concepts of justice and fairness have been debated throughout history and are influenced by shifting societal norms and philosophical thought.
Colonial Legacy and International Relations
- Understanding historical alliances and legal systems is vital for international negotiations, as shared colonial histories influence current legal and political relationships.
- Countries that were once colonized by the same powers may have legal similarities that facilitate diplomatic relations today.
Evolution of Legal Interpretation
- Changes in society and technological advancements, such as the advent of cyberlaw, often outpace the ability of legal systems to adequately adapt, requiring a focus on conscience in adjudication.
- Equity exists to recognize complex human and social relationships in legal disputes that mere legal codes may not fully address.
Conclusion
- Understanding the historical evolution of legal systems helps appreciate contemporary legal frameworks and the importance of balancing law with ethical considerations in governance and individual relations.### Comparison of Constitutions
- Papua New Guinea's Constitution is built on contemporary principles, unlike Australia's older foundation, which lacks explicit rights.
- Australia’s Constitution primarily addresses governmental structure and procedures, lacking guaranteed freedoms like speech and assembly.
Importance of Rights in Constitutional Law
- Rights embedded in a constitution are harder to change than regular laws, serving as safeguards against tyranny and discrimination.
- Australia has seen constitutional legal changes affecting minority rights, particularly regarding Aboriginal Australians, reflecting a potential for discrimination.
Case Examples in Australia
- In 2010, Australia suspended the anti-discrimination policy in the Northern Territory, allowing racial discrimination against Aboriginal communities for 12 years.
- The suspension raised ethical concerns about the treatment of minorities and highlighted deficiencies in constitutional protections.
Legal Structure and Equity
- Papua New Guinea's Constitution includes explicit anti-discrimination measures that cannot be suspended, ensuring protection of individual rights.
- Equity in Papua New Guinea’s legal system is derived from English law, applying principles that ensure fairness and corrective measures within the judicial system.
Historical Context and Adaptation of Equity
- The legal development in Papua New Guinea incorporates a limited number of equity principles, with a focus on those actively applied in court cases.
- Historical legislation remains valid unless explicitly revised; new laws cannot retroactively affect prior cases under different statutes.
Fundamental Principles of Law
- The evolution of law is rooted in basic human conscience, where acts like murder and theft are universally recognized as wrong.
- The main principle of law is that it must apply equally to all individuals, while also considering exceptions based on fairness.
Exam Preparation Insights
- Answers to legal exam questions should reflect the core essence of fairness; understanding cases that align with human conscience is crucial for analysis.
- Knowledge of how equity principles align with existing customs can provide a deeper understanding of legal application and interpretation.
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Description
Explore the unique land ownership and legal systems in Papua New Guinea, shaped by colonial history. This quiz delves into the complexities of common law and local customs, revealing the intricate relationship between people and land ownership. Understand the implications of differing colonial influences on legal structures.
