There is a negative correlation between TV watching…

What role does the doctrine of precedent play in our legal system? In applying this doctrine, do judges merely ‘find and apply’ the law, or do they ‘make’ law? Give examples in your answer.

Question 2 (5 marks)

Briefly explain the literal approach and the purposive approach to statutory interpretation.

Question 3 (10 marks)

You are a single judge of the Supreme Court of NSW called upon to decide the interpretation of a section of Commonwealth legislation. The previous decisions on the question are below. Consider each in turn and give reasons for which is binding or most highly persuasive.

Mulder v Weezes (1980) – NSWSC;

Andrews v Watson (2014) – VSC Court of Appeal – Followed Mulder v Weezes but not the reasoning in that case;

Williamson v Michaels (2010) – Qld SC. Followed Mulder v Weezes though “reluctantly”;

Cooper v Hodson (2000) – High Court. Followed Mulder v Weezes based on the facts of the appellant case, though in obiter approved the reasoning in Kennedy v Bryant;

Kennedy v Bryant (1985) – Full Court of the Federal Court. Declined to follow Mulder v Weezes, holding it to be “plainly wrong”;

Which decision would you ultimately follow and why? Would it be helpful to have any further information? If so what and why?

Question 4 (5 marks)

Explain the concept of terra nullius and explain why it was held to be a “legal fiction” in the landmark case of Mabo No. 2.

Question 5 (10 marks)

You are a single judge of the Supreme Court of NSW considering a matter of common law. The previous decisions on the question are below. Consider each in turn and give reasons for which is binding or most highly persuasive.

Heather v Forrest (1930) – Court of Appeal England

Littles v Downer (2020) – Victorian Court of Appeal. Followed Baboa v Erics, stating it correctly stated the law.

Symonds v Lennard (1991) – House of Lords

Roberts v Ashton (1980) – Victorian Court of Appeal

Matthews v Coopers (2022) – High Court of Australia which held that the reasoning in Symonds v Lennard was correct, but distinguished that case on its facts and followed Baboa v Erics.

Baboa v Erics (2019) – Supreme Court of Canada

Which decision would you ultimately follow and why? Would it be helpful to have any further information? If so what and why?

Data Breaches (Company Perspective) Discuss the problems associated with data breaches that resulted in unauthorized disclosure of consumer records and other private information held by a company, please identify and discuss one specific breach (2019 or later). What notification laws applied and did the responsible company comply with those laws?

address the following issues:

1. Incident response and remediation (including policy changes, costs, etc.)
2. Impacts to reputation
3. Responding to legal actions or investigations

Please cite scholarly sources only

In ancient Egypt (as well as most other ancient civilizations), women were typically considered to be of secondary status in comparison to men. Upon marriage, for example, it was the common practice that the wife would join the household of the husband, rather than vice versa. However, it should be noted that there are also differences in the kinds of freedoms that women had throughout the ancient world, with some civilizations being more strict than others.

This point comes out especially clearly through a comparison of the status of women in ancient Egypt and the civilizations of the ancient Near East, such as Mesopotamia.

In the Near East, women were not able to decide for themselves whom they would marry (Radner 9). Instead, marriages would consist of arrangements between their fathers as well as the fathers of the prospective grooms (in addition to the grooms themselves sometimes). The prospects for divorce were similarly determined by the male head of the household.

By contrast, evidence suggests that women in ancient Egypt exercised far more freedoms than their counterparts in other civilizations (Tyldesley 21). Upon marriage, they would maintain independence and could continue to manage money and assets of their own, in addition to what was shared with the husband.

If the husband died, the wife be able to inherit a third of his property (far more than what women in other ancient civilizations received). This often meant that she would not be forced, for economic reasons, to be dependent upon her father’s house or her children when starting widowhood. She could instead experience more independence in the ancient world than most women in the ancient Near East.

Works Cited

Radner, Karen. “Family in the Ancient Near East.” Family in Ancient History, Facts On File, 2019. Ancient and Medieval History, online.infobase.com/Auth/Index?aid=10829&itemid=WE49&articleId=227756. Accessed 21 Sept. 2022.

Tyldesley, Joyce. “Marriage and Motherhood in Ancient Egypt.” History Today, April 1994, pp. 20-26.

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2

Throughout history there have been numerous societies that have been developed and destroyed, each with their own identity. However, most of them shared some similarities. These similarities revolved around women and their role. Most women experienced a limited freedom in their society. Unlike the rest, Egyptian women experienced a greater opportunity with lesser limitations. Of such, they had more freedom in major areas like property, marriage, and occupation.

Compared to women in Greece, Egyptian women had more say in poverty matter. Egyptian women had the power to own poverty through purchase or by inheritance, which they received either from their family or by her husband. In matters of marriage, the women gains a claim to one-third of all community property in her marriage under the law. Furthermore, she, if she wanted, could choose to disinherit her children’s rights on her property (1997). At the same time, she could do the reverse where she can adopt and give them rights to the property. For instance, there is a story from the papyrus that said a “childless woman, who after she inherited her husband’s estate” raised illegitimate children who got rights to the property (1997). In stark contrast, Greek woman could not own property; they could inherit it like the Egyptian, however, it would be given to a man in her family, either the oldest son or her father. Evidently, Egyptian women has profoundly more power in matters of property as compared to Greek women.

Furthermore, Egyptian women has more freedom in marriage and occupation than women from Greece. They had the power to either accept or reject marriage proposals. Greek women had no freedom in that matter; they would be married without their consent. They would be married in their teens, around fourteen or fifteen, and would have to move to her husband’s home (Hemingway, 2004). There would no way for the women to leave the marriage unless her family intervenes, however, in Egypt women had full power to file for divorce and leave the marriage. On top of that, they could hold roles that women in Greece couldn’t. For example, there are multiple cases of women holding office in Egypt (1997). There have also been national heroines in Egypt, such as Queen Ahhotep, who crushed rebellions in Upper Egypt and alongside Hyksos (1997). However, in Greece, women traditional took care of the house and did not have any occupation. Women in Egypt also, if they choose, could be a housewife and take care of the children.

Egypt’s social hierarchy enabled anyone, including women, to rise or fall into different classes. However, in Greece women were in the lower-class statue which was impossible for them to climb unless they married into a higher class.

Reference:

“Excursis III: The Status of Women in Ancient Egyptian Society.” Web.archive.org, 30 June 1997, web.archive.org/web/19970630114400/www.library.nwu.edu/class/history/B94/B94women.html.

Hemingway, Colette. “Women in Classical Greece.” In Heilbrunn Timeline of Art History. New York: The Metropolitan Museum of Art, 2000-. http://www.metmuseum.org/toah/hd/wmna/hd_wmna.htm (October 2004)