Foundies PDF

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Foundations of Law Seminar 1 - 30/7/18 1) Identify the nature of the legal problem 2)Locate the relevant law 3)Interpret the relevant law 4)Apply the law to the problem 5)Provide an answer to the problem Reading Notes (1.1-1.29): What is Law? Law is a means of ordering society and resolving disputes. Law is also a form of narrative or story and shows that apparently simple statements are more complicated then they seem. Eg) Case Study- McBain v Victoria Summary: Lisa Meldrum is a single woman living in Melbourne who wants a child. Goes to Dr McBain who is a gynaecologist who specialises in reproductive technology and IVF techniques. Procedure included removing ovum from Mrs Meldrum and place embryo into her womb. But Dr McBain advises her that he cant carry out the procedure even though it seemed appropriate because Infertility Treatment Act 1995(Vic) under s 8(1) states that a woman was only eligible for treatment if she was either married or living in a de facto relationship. Woulda copped 480 penalty units or 4 years imprisonment if he provided IVF treatment. So he challenged the Victorian Law with his lawyers saying that s 8(1) of the Infertility Treatment Act was inconsistent with s 22 of the Sex Discrimination Act 1984(Cth)-it is unlawful for person who provides goods or services or make facilities available to discriminate against another person on the ground of, inter alia, the other person’s marital status. Section 8 of the State Act pre much says that providing a woman’s marital status where they have to be married or living in a de facto relo to undergo the treatment of IVF. Section 22 of the Commonwealth Act states that it is unlawful for one to not provide a service to someone based on their marital status. Can’t obey both in this case as the inconsistency conflicts. ...