THE PAPUA NEW GUIEA UNIVERSITY OF TECHNOLOGY

DEPARTMENT OF MECHANICAL ENGINEERING

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Course: Bachelor of Mechanical Engineering

Subject Name: Introduction to Law

Subject Code: BA141

Duration: 13 teaching weeks

Contact Hours: 4 [2 hours lectures & 2 hour tutorial] Per Week

Credit Points: ………….

Delivery Mode: On campus

Prerequisites: Nil

Co-requisites: Nil

Subject Coordinator: …..

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Synopsis

‘Introduction to Law’ as the name suggests is essentially to introduce students to the laws that
govern us. Specifically, the laws of Papua New Guinea (PNG). The obvious place to commence
such a study is by understanding the term law. What is law? What are its functions and what role
does law play in PNG society?

This naturally leads to the study of the ‘National Legal System’ of PNG enabling students to
appreciate the various categories of laws in PNG, the hierarchy of those laws, the origins/sources
of those laws and to study the Constitution of Papua New Guinea.

This will prepare students to move on to ‘Classification of Laws’ and to studying the ‘National
Judicial System’ (Courts) in PNG.

A study of the ‘Legal Process’ in PNG and the laws governing PNG’s natural resources will
complete the study of this course.

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SYLLABUS

UNIT HEADING SUB- SUB-HEADING

UNIT

1 INTRODUCTION 1.1 Reasons for studying Law

1.2 Challenges of Studying Law

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 2 WHAT IS LAW 2.1 Schools of Legal Thought
2.1.1 Natural Law School
2.1.2 Positive Law School
2.1.3 Historical School of Law
2.1.4 Legal Realist School
2.1.5 Critical Legal Studies School
2.2 Definition of Law
2.3 Functions of Law
2.4 Role of Law in PNG
2.5 Summary

3 RULE OF LAW 3.1 What is Rule of Law

3.2 Elements of Rule of Law

4 CLASSIFICATION OF 4.1 Substantive Law

LAW
4.2 Procedural Law
4.3 Public Law
4.4 Private Law
4.5 Criminal Law
4.6 Civil Law
4.7 National Law
4.8 International Law

5 CATEGORIES OF 5.1 Public Law

PUBLIC & PRIVATE
LAW
5.1.1 Criminal Law
5.1.2 Administrative Law
5.1.3 Constitutional Law
5.2 Private Law
5.2.1 Tort
5.2.1.1 Definition of Tort
5.2.1.2 Purpose of Tort
5.2.1.3 Types of Tort
5.2.2 Contract
5.2.2.1 Definition of Contract
5.2.2.2 Formation of Contract
5.2.2.3 Remedies for Breach of Contract
5.2.3 Equity
5.2.4 Trust

6 LEGAL HISTORY OF 6.1 Traditional Law

PAPUA NEW GUINEA
6.2 Colonialism and Independence
6.3 Dual System/Legal Pluralism in PNG

7 SOURCES OF LAW 7.1 Formal Source

7.2 Literary Source
7.3 Historical/Material Source
7.4 Legal Sources
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 7.4.1 Legislation
7.4.2 Decided Cases
7.4.3 Custom

8 THE LAWS OF PAPUA 8.1 Constitution of the Independent State of

NEW GUINEA Papua New Guinea
8.2 Organic Laws
Acts of Parliament
8.3 Emergency Regulations
8.4 Provincial Laws
8.5 Adopted Laws
8.6 Subordinate Legislation
8.7 The Underlying Laws
8.8 Custom

9 THE CONSTITUTION 9.1 The Constitution

OF PAPUA NEW
GUINEA
9.2 The National Goals & Directive Principles,
and Basic Social Obligations
9.3 The Constitution as basis for
establishment of key State institutions
9.4 Rights and Freedoms under the
Constitution
9.5 Gender Equality

10 THE STRUCTURE OF 10.1 The Three Arms of Government

GOVERNMENT
10.2 The Doctrine of Separation of Powers

11 PNG’s JUDICIAL 11.1 The Supreme Court

SYSTEM - COURTS
11.2 The National Court
11.3 Jurisdiction of Courts
11.4 Other Courts
11.4.1 The District Courts
11.4.2 Village Courts
11.4.3 Lands Courts
11.4.4 Coroners Court
11.4.5 Juvenile Courts
11.4.6 Alternate Disputes Resolution
11.4.7 Administrative Tribunals

12 PNG’s LEGAL 12.1 Introduction

PROCESS
12.2 The fundamental Right to Full Protection
of the Law
12.3 The Criminal Process
12.4 The Civil Process

13 NATURAL 13.1 Laws relating to natural resources on

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 RESOURCES AND THE customary land
LAW
13.2 The need to manage and protect our
natural resources

14 THE LAW AND YOU 14.1 Laws on family, common contracts and
motor vehicle accidents

15 LEGAL PLURALISM
15.1 Litigation in a Plural System
15.2 Choice of Law, Remedy & Forum
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Subject Learning Outcomes

On completion of this subject, students should: -

1. Have a basic understanding of what Law is;
2. Have a basic understanding of the origin and sources of Law;
3. Describe the nature and function of law in a society;
4. Know the Laws of PNG, their relationship to each other and the hierarchy of those laws;
5. Be able to classify the laws in PNG;
6. Demonstrate an understanding of Papua New Guinea’s dual system of law.
7. Be able to identify the Courts and Dispute settlement system in PNG;
8. Demonstrate an understanding of the different courts and the limits within which the
courts work;
9. Demonstrate an understanding of the functions of the courts
10. Know the court process in PNG.
12. Have an understanding of the laws governing the natural resources of PNG.
13. Analyze legal issues and identify strategies for appropriate legal action;
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Textbooks

*Chalmers, D.R.C, and Paliwala, A.H, An Introduction to Law in Papua New Guinea, The Law
Book Company, (1984).

Other References

*Professor Rudolph W. James & Professor John Y. Luluaki, Introduction to the Legal System of
Papua New Guinea, Melanesian Law Publishers, (2011).

*Constitution of the Independent State of Papua New Guinea

*Criminal Code Act
*National Court Rules
*District Court Act

*Other Acts/Legislations will be prescribed when required.

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Assessment Tasks and Weightings:

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The examination component for this subject is 50%. Continuous assessment is worth 50%. To
obtain a pass grade in this subject, a 50%-55% overall must be scored.

ASSESSABLE TASK DESCRIPTION % OF 100%

Take Home Test 15%

Closed Book Test 15%

Major Assignment 20%

Examination 50%

TOTAL 100%

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