Tuesday entry
Hahaha: so much for me writing everyday into this blog.My excuse: 12 hours of uni on Monday.
Yes - 12 hours of uni (this includes travel time of course but 12 hours at uni is such a long time!! ack!)
I don't know why I put myself through this actually - Companies Law in the morning, Civil Procedure in the evening, and then a whole series of tutorial sessions all compacted in between. And my first lecture isn't even interesting - yeah sure it is straight forward - - but vaguely interesting. complain complain complain - such is life.
but hey at least i get to hang around with my mates, eat and chat, walk around and chat.
I learnt in Civil yesterday that lawyers aren't allowed to advocate in the Small Claims Tribunal which is understandable. I mean, the parties are only claiming an amount of up to $7,500 anyway so there would be no need for legal representation - they can just represent themselves for free. . . i can't believe i didn't know this. hehehe
A tutorial question:
- Bob purchases electical machines worth $500,000 from a company and then discovers that the machines do not meet the performance specifications in the contract and there has been deceptive conduct by the company. He wants his money back.
Jurisdiction is a funny thing. If you are faced with a federal matter ie such as this example of misleading and deceptive conduct under the Trade Practices Act, you have a choice of whether to pursue the matter in a Federal Court or the Supreme Court. The difference between the two? Supreme Court is a state court; Fed Court is a Federal Court. What is more convenient in the circumstances? Supreme Court. It's more practical and It's a cross-vesting process. You can cross vest federal jurisdiction to the states but not the other way around. Ultimately - if you do want to proceed in the Fed Court - they can hear a state law under a single matter as long as the federal law (the Trade Practices Act) was the dominant part of the matter. Misleading and deceptive conduct is a breach of contract: Bob didn't get what he was promised and spent all that $500,000 on a product that doesn't even work! So it's a state law too ...
this is a question that we get asked in Law and this is what i learnt yesterday. boring eh? hehehe
Okay I digress...
So i get back home, make a few phone calls and then have a chat with my dad and he tells me about this movie "Ong-Bak".
It's a Thai movie that shows real "no special effects" street fighting and acrobatics and is just fantastic. My friends were telling me about it last week and apparently it's been out for yonks; since 2003 or something and is only just being talked about here in Aussie. So hmm, if you've seen it - post a comment and tell me about it.
"Ong-Bak: The Thai Warrior"
And!!! I don't know if you know but there's this drink -
posted by MissDixie @ 9:16 am
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