LPAB Diploma in Law study guide
LPAB Diploma in Law · Work through your exam, one topic at a time.
The LPAB Diploma in Law is the academic qualification offered through the Legal Profession Admission Board in New South Wales for people who want to qualify as lawyers without following the conventional university route. It is used mainly by mature-age candidates, paralegals, and graduates of other disciplines who need a recognised law qualification as one step towards admission as a legal practitioner. The LPAB Diploma in Law study guide has 12 sections and about 3,347 words.
01Criminal Law and Procedure: Elements, Defences and Process
Criminal liability generally requires proof beyond reasonable doubt of physical elements (conduct, circumstances, consequences) and fault elements (intention, knowledge, recklessness, negligence). Distinguish mens rea from motive, and remember that statutory offence provisions vary: read the provision carefully to see whether fault attaches to every physical element or only some.
322 words, about 2 min02Torts: Negligence, Intentional Torts and Defences
For negligence, establish a duty of care, breach, causation, and damage that is not too remote. Duty questions use established categories where possible (road users, employers, occupiers, professionals).
293 words, about 1 min03Contracts: Formation, Terms, Vitiating Factors and Remedies
A contract requires offer, acceptance, consideration, intention to create legal relations, and certainty. Distinguish an offer from an invitation to treat (advertisements, displays, auctions).
281 words, about 1 min04Real Property: Estates, Title, Leases and Torrens
Australian land law derives from English tenure. Understand the doctrine of estates: fee simple, life estate, and leasehold.
291 words, about 1 min05Equity: Trusts, Fiduciary Duties and Remedies
A trust separates legal and equitable ownership. Express trusts require certainty of intention, subject matter, and objects.
282 words, about 1 min06Administrative Law: Review, Grounds and Remedies
Administrative law controls the exercise of public power. Judicial review tests legality, not merits.
270 words, about 1 min07Constitutional Law: Federalism, Powers and Rights
Australia is a federation under the Commonwealth of Australia Constitution Act . The Commonwealth has enumerated powers; the states have general legislative power subject to inconsistency under s 109.
282 words, about 1 min08Civil Procedure: Jurisdiction, Pleadings and Case Management
Civil procedure governs how disputes move through courts. Know the hierarchy of courts, jurisdiction (subject matter, territorial, and cross-vesting), and the originating process.
249 words, about 1 min09Evidence: Relevance, Proof and Exclusion
Evidence must be relevant to be admissible. Relevance is a threshold test: does the evidence rationally affect the probability of a fact in issue?
253 words, about 1 min10Professional Conduct and Ethics: Duties and Discipline
A lawyer owes duties to the court, the client, and the profession. Duties to the court include candour, not misleading the court, and avoiding abuse of process.
283 words, about 1 min11Company Law: Formation, Governance and Directors' Duties
A company is a separate legal entity with perpetual succession and limited liability. Registration creates the company; the constitution and replaceable rules govern internal management.
282 words, about 1 min12Legal Research, Writing and Legal Process: Method and Persuasion
Legal research starts with identifying the issue, then locating primary sources (legislation and case law) and secondary sources (texts, journals, explanatory memoranda). Use authorised reports and consolidated legislation.
259 words, about 1 min