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Questions and Answers
Who does the land in Papua New Guinea legally belong to?
Who does the land in Papua New Guinea legally belong to?
The King of England
Papua New Guinea operates under a single legal system.
Papua New Guinea operates under a single legal system.
False
Which legal system does Papua New Guinea utilize due to its colonization?
Which legal system does Papua New Guinea utilize due to its colonization?
Which philosopher wrote about ethics and law being about achieving the best possible result?
Which philosopher wrote about ethics and law being about achieving the best possible result?
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Women had the right to vote in most countries during the 1800s.
Women had the right to vote in most countries during the 1800s.
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What is emphasized as a characteristic of a lawyer according to the content?
What is emphasized as a characteristic of a lawyer according to the content?
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The court of ________ dealt with matters of legal rules.
The court of ________ dealt with matters of legal rules.
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Match the following legal concepts with their descriptions:
Match the following legal concepts with their descriptions:
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What did the Earl of Oxford case in 1615 solidify?
What did the Earl of Oxford case in 1615 solidify?
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Who wrote the case down related to the principles of equity?
Who wrote the case down related to the principles of equity?
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The Australian Constitution includes freedom rights such as freedom of speech.
The Australian Constitution includes freedom rights such as freedom of speech.
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What should correct fraudulent behavior according to the principles of equity?
What should correct fraudulent behavior according to the principles of equity?
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The Code of _________ exists to correct men's conscience.
The Code of _________ exists to correct men's conscience.
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What is a significant characteristic of the Papua New Guinea Constitution?
What is a significant characteristic of the Papua New Guinea Constitution?
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What does equity aim to do when the law is wrong?
What does equity aim to do when the law is wrong?
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Equity applies only to the individual and not to larger systemic issues.
Equity applies only to the individual and not to larger systemic issues.
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The main rule is 'thou shall not ________.'
The main rule is 'thou shall not ________.'
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Match the following terms with their descriptions:
Match the following terms with their descriptions:
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What does the concept 'two wrongs don't make a right' refer to?
What does the concept 'two wrongs don't make a right' refer to?
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It is easier to change a Constitution than a piece of ordinary legislation.
It is easier to change a Constitution than a piece of ordinary legislation.
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Study Notes
Commonwealth and Land Ownership
- Papua New Guinea's land legally belongs to the King of England but is effectively owned by the local people.
- The legal system in Papua New Guinea presents unique challenges due to a dual system that contrasts with other nations, which typically follow a single legal framework.
Colonial Legal Influence
- Colonization by various powers (e.g., British, Dutch, Japanese) shaped Papua New Guinea's legal system.
- Common law emerged due to British colonization, while laws from other colonizers could have led to different legal practices.
Historical Context of Law
- Historical legal development includes significant influences from other cultures, particularly in ethics and justice.
- The roots of legal systems trace back to ancient philosophies, including Aristotle's early writings on ethics and law.
Equity and Conscience in Law
- The Court of Chancery historically addressed matters of conscience, aiming to achieve fairness beyond strict legal rules.
- The differentiation between common law (legal rules) and equitable considerations (conscience) became well established in the Earl of Oxford case (1615).
Evolution of Voting Rights
- Initially, voting rights were limited to wealthy landowners, evolving over time to include broader populations, including women and marginalized groups.
- Laws surrounding voting rights differ globally, emphasizing the ongoing debate about inclusivity in democracy.
Integrity and Professional Ethics
- A lawyer's integrity is paramount; personal ethics and the ability to reflect on one’s actions are crucial in legal practice.
- Dworkin emphasizes the importance of understanding the essence of fairness and justice in the legal profession, including the relationship between law and moral values.
Key Concepts in Jurisprudence
- The philosophy of law reflects a commitment to justice and fairness, transcending mere legal compliance.
- Historical legal figures, like Lord Ellesmere, contributed to establishing principles of equity meant to correct injustices and promote moral behavior.
Responsibilities of Legal Practitioners
- Lawyers must embody ethical standards and strive for fairness in representing clients, avoiding corruption and dishonesty.
- The attorney-client relationship embodies a moral obligation to act in the best interests of clients while upholding integrity.
Fundamental Principles of Equity
- Equity aims to rectify wrongs or injustices that may occur under strict legal standards.
- The ongoing dialogue about moral and ethical standards in law illustrates the significance of conscience in legal adjudication.### Papua New Guinea Constitution
- Recognized for its progressive provisions compared to older constitutions like Australia’s, which lacks constitutional rights for freedom.
- Crafted by forward-thinking founders, aimed to avoid mistakes made in other nations' constitutions.
- The importance of constitutional rights is highlighted as they cannot be easily changed or suspended, promoting stability and protection for minorities.
Comparison with Australian Legislation
- Australia's constitution mainly functions as an administrative document without explicit rights for freedom of speech and assembly.
- Instances of discrimination laws being suspended, particularly targeting Aboriginal populations, illustrate the vulnerabilities in legislative protections when rights are not entrenched in the constitution.
- Papua New Guinea’s constitution prevents similar discriminatory actions due to its strong anti-discrimination clauses.
Law and Equity
- Equity within the legal system serves to address the individual needs and rectify unfair laws.
- Historical context shows that the need for equitable principles emerged in 1615, aiming to balance universal laws with the protection of particular individuals.
- Examples are provided where laws, although generally upheld, can be challenged for fairness during legal proceedings.
Adaptation of Equity in Papua New Guinea
- The Papua New Guinean Constitution acknowledges the application of equity principles derived from English law, with 12 of 20 underlying principles actively applied.
- The historical context of pre-independence laws is significant, as laws enacted prior to 1975 remain valid unless revised, allowing continuity with equity principles.
- The importance of conscience as a universal human principle is discussed, asserting that rights and moral imperatives are consistent across cultures.
Fundamental Human Ethics
- Basic moral principles, like the prohibition against murder and theft, are recognized universally, reinforcing the necessity of conscience in law.
- The alignment between equitable principles, human conscience, and customary laws emphasizes a shared understanding of justice across diverse societies.
Importance of Fairness
- The overarching theme in legal discussions revolves around determining fair outcomes and ensuring justice for all individuals.
- Class discussions will continually center on fairness, promoting critical thinking about ethical implications in legal contexts.
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Description
Explore the complexities of land ownership in Papua New Guinea. Understand how Commonwealth membership influences decision-making, and the dichotomy between legal ownership by the King of England and practical ownership by the people. This quiz covers the implications of these legal frameworks and their impact on local governance.
