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Managing the Legal Environment

. Brendon.Stewart@vu.edu.au

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Managing the Legal Environment

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    1. Managing the Legal Environment BL629 Brendon Stewart Rosemary Shaw

    2. Brendon.Stewart@vu.edu.au ph 99191848 Rosemary Shaw r.shaw@ballarat.edu.au - B109 - ph 53279360

    3. Topic One Understanding the Legal Environment within which Business Operates 1. Functions of the Law Maintain social order Govern relationships Settle disputes

    4. What is the rule of law? No person must suffer punishment or pay damages for any conduct not expressly forbidden by the law as determined through the courts. Note that it applies to the State with equal force as it applies to the individual citizen

    5. Functions of the Law (contd) - allows for the governing of the nation, state and shire - protects the citizen from the State For business, the law provides a framework within which business and organisations can function The law also provides rights and obligations that managers/ business people must be aware of

    6. 2. Role of Regulation Why does the law regulate behaviour To protect others To provide a competitive business environment To provide a safe working environment To provide workable systems for the operation of business organisations To provide business systems in which people have confidence

    7. 3. Regulation response of management How do managers respond to regulation? Risk management - extends beyond personal injuries to all areas of responsibilities & liabilities - the risk management loop

    8. Regulation response of management (contd) b) Compliance - concentration on legal obligations but should extend to organisations extended role into its community responsibilities - all management should take part - circular process - importance of it being in writing and record keeping

    9. 4. Structure of Australian Legal System Inherited the English legal system with arrival of first European settlers moved from the martial law to self government What existed before 1901 Separate semi-independent colonies What does federal and federation mean? Creation of the Constitution

    10. Structure of Australian Legal System (contd) Division of Power within the Constitution - exclusive powers - concurrent powers - if conflict, Cth wins - powers of Cth extending - residual powers

    11. Division of Power within the Constitution (contd) b) Who Makes the Law - before there was a parliament - after the rise of parliament - judges hearing cases (common law) - the supremacy of parliament - subordinate legislation

    12. 5. Finding the Law Primary sources - legislation, federal and state - cases in law reports & online (difference between a trial and an appeal) Secondary sources Text books and journal articles Websites (but beware!)

    13. 6. How does the Law Change The parliament passing legislation Judges applying the principles of precedent - following previous cases with similar facts/issues - lower/higher courts - same hierarchy - ratio decidendi and obiter dictum

    14. Statutory interpretation Judges role in interpreting legislation Statutory interpretation - literal rule - golden rule - mischief rule - the purposive approach & extrinsic materials

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