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Roman Law Assignments
Ancient Rome law is studied in order to demonstrate the following: (a) how laws developed to stand side by side with developing society’s needs, (b) how law reform in the more emerged levels of that society adapted to altering political, economical and social conditions, (c) features of Roman Law that are particularly important for students who are being schooled in the Common Law system, (d) Roman law ideas that build the base of contemporary Civil Law systems and play a key role today in the European Economic Community. The historical subjects covered are: Equity as a tool of law reform; the opinions of those schooled in the law; codification; legislation; Justinian.
Some of the substantive subjects covered: Family law with particular reference to divorce and marriage; property with special reference to ownership, servitudes (easements) and possession; succession according to testaments; contract with special reference to stipulation, lease, partnership (including corporate personality), sale; criminal law with special reference to jury-courts; delicts (torts); trusts.
Justice Emmett was named judge of the Federal Court of Australia in 1997. The Federal Court deals with copyright, patents, corporations, trademarks, tax, consumer protection; federal administrative action and shipping. He was named in March 2013 to the NSW Court of Appeal.
The NSW Court of Appeal is the crown court in the State. It is open for hearing appeals in relation to civil proceedings before the District Court, Supreme Court, Environment and Land Court and some State Tribunals. Justice Emmett also presides on the Court of Criminal Appeal.
Justice Emmett has been teaching Roman Law at the Sydney University starting with 1978 and has been a Roman Law Challis Lecturer since 1990. In May 2009, the University of Sydney bestowed upon him a honorary LLD. Justice Emmett has been teaching at the University of New South Wales the Roman Law course starting with 2010.
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