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Meldrum

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Monsieur de Bearpooh, could you explain how Equity is incorporated into "the regular courts"?
 

Meldrum

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melsc said:
I thought you could only seek equity in the equity division of the supreme court?
My Legal teacher doesn't know...she's an eco teacher...blasted school.
 

Frigid

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bearpooh said:
Before the Judicature Act of 1873, there actually was a seperate
and parallel system of equity courts.

The Judicature Act moved Equity into the regular courts.
let it be reminded that what poohboy is referring to is the UK Judicature Act.

It was not until the Supreme Court Act 1970 that equity became applied with common law in NSW.
 

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Frigid said:
i'm still half-drowning in the murky waters of homicide... trying to distinguish all the categories of murder and manslaughter at the moment :(

sorry, i simply don't have the answer. ask squishy.
Hey Frigid, what law units have you done or doing atm?
 

melsc

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bearpooh said:
I only know about English Equity :)
Once I finish my english equity books, I start on Gummow and Meagher,
I promise.
Personally I find equity boring...thats probably coz I don't quite get it :rolleyes:

My brain hurts I think I have crammed in to many Cases and Legislation for crime :(

We had someone come from UTS to my skool 2day...why send an "engineering student" I wanted a law student...oh well... It all sounded good to me...now the only problem is the UAI ...
 
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Frigid

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Demandred said:
Hey Frigid, what law units have you done or doing atm?
done:

Foundations,
Advanced Legal Research (although i'm not accredited for it >.<, but i've done the content at UTS),
Public Law
Criminal Law 1 (social crap, drugs, public offences, sexual assault)
Contracts 1 (formation and estoppel)

doing:
Criminal Law 2 (homicide, etc etc)
Contracts 2 (everything else)
Admin Law
Torts
 

Frigid

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Demandred said:
Hey Frigid, what law units have you done or doing atm?
done:

Foundations,
Advanced Legal Research (although i'm not accredited for it >.<, but i've done the content at UTS),
Public Law
Criminal Law 1 (social crap, drugs, public offences, sexual assault)
Contracts 1 (formation and estoppel)

doing:
Criminal Law 2 (homicide, etc etc)
Contracts 2 (everything else)
Admin Law
Torts
 

Frigid

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bearpooh said:
Professor Ashburner said famously, that "the two streams of jurisdiction, though they run in the same channel, run side by side and do not mingle their waters "

On the other hand Lord Diplock claimed that it was ridiculous to talk of two different systems when in reality they had been fused over a 100 years ago.
in addition, if you read Patrick Parkinson's 'Tradition and Change in Australian Law' (like you good foundations kids ought to), you would note that equity and common law should not be seen as two separate systems.

Although it has been suggested that where equity and common law conflict, equity prevails (was this said during Charles I period, i can't remember?), it must be remembered that equity was born to ameliorate the harshness of the common law. thus, they are never in conflict, but rather, the former complements the latter.
 

MoonlightSonata

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There are a number of NSW judges in particular who would (and will) die before they see equity merge with common law. Gummow would certainly baulk at any suggestion that the two are or should be fused into one system.
 

Frigid

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bearpooh said:
May I suggest that you read the prefaces ( yes, all of them ) to Meagher and Gummows textbook on Equity.
may i respectfully decline, since i have too much reading on my hands at the moment. have you done your reading for torts yet? :p
 

melsc

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regarding reading

Frigid said:
may i respectfully decline, since i have too much reading on my hands at the moment. have you done your reading for torts yet? :p
I have heard many rumours about the amount of reading...some say if you have X hrs in "class" *whatever you call it :p* its about 3 times that in reading...how much reading do you guys do?

Lucky I am a fast reader :uhhuh:
 
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xeuyrawp

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melsc said:
I have heard many rumours about the amount of reading...some say if you have X hrs in "class" *whatever you call it :p* its about 3 times that in reading...how much reading do you guys do?

Lucky I am a fast reader :uhhuh:
For Ancient subjects, I spend about 3x reading of lectures and tutes (3 hours of lectures and tutes per week / 9 hours of reading per week), for Modern and everything else, I spend about 3x reading of lectures (2 hours of lectures / 6 hours of reading per week).

My friend does about the same as me, and spends about 3x reading of lectures and tutes put together (3 / 9 per week) of law.

I think it depends on the actual subject, and whether you need to do reading for the lectures, or just the tutes. I remember someone writing a guide to hours per week here somewhere.

It's also important to know that I get great marks and am totally interested in my content, whereas you "only need to do enough to get you passes". Also, I can't study for more than 45 minutes efficiently, so I have to take 10 or 15 minute breaks between blocks. Hence, Rob has no life :uhhuh:
 
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santaslayer

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melsc said:
I have heard many rumours about the amount of reading...some say if you have X hrs in "class" *whatever you call it :p* its about 3 times that in reading...how much reading do you guys do?

Lucky I am a fast reader :uhhuh:
About 50 pages+ average before a tute/seminar per subject on average. In frigid's posting font size. My eyes hurt.

Per subject as in per law subject.
 
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xeuyrawp

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santaslayer said:
About 50 pages+ average before a tute/seminar per subject on average. In frigid's posting font size. My eyes hurt.

Per subject as in per law subject.
Yeah, that's about the same for me. I've read about 20 A4 pages, and about half way through, and this is for one tute/lecture pair.
 

melsc

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lucky I dont mind reading...
I think I went to some Law outreach program last yr @ UNSW and they scared the life out of me telling me about the amount of reading...we even did a "mock class" it was contracts ZZZzzzZZZ...
 

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