The topic this term will be to analyse the policy of a university regarding the code of conduct for non-academic situations, subject to Ontario laws. The student will explain the application of all the legal concepts covered in class to the term paper and propose recommendations regarding the legal issues. You do not go outside the class material covered in class to complete the term paper.

USE FOOTNOTES and appropriate references.
Times Roman, 12 points, Report format

University of Waterloo

Table of Contents

1. Executive Summary with Key Recommendations (1 page)

2. Introduction (4 pages) – explanation of the paper, objectives, ethical issues and methodology – how did you completed the paper steps by steps – including the business relationship with the stakeholders

3. Clause-by-Clause Analysis (8 pages description and explanation of all the clauses of the document)
– Alcohol Use and Education
– Religious Accommodation
– Smoking
– Student Appeals

4. Application of any legal principles (20) covered in class (3 pages) and where these principles are to be found in the agreement;

5. Recommendation (2 pages)

6. Application of the agreement with your problem scenario of your choice, legal corrective measures with provisions dealing with all the elements of the document (2 pages)

7. Document attached.

——————————————————————————————————–
Class Notes:

Legal System
Definition
Legal System: A system for interpreting and enforcing the law.
How to resolve conflict? 1) negotiation (where we start to make compliance) decide what we have to give away, ex: a show “Jessica Jones” the wife of lawyer agreed to divorce if she will get 75% of asset 2) mediation (to help parties achieve a resolution also allows individual solve through third party) you decide to proceed before the court, you require to pay the legal cost of the party, mediation helps people to find a better resolution before go to the court. ex: in family law, very few people go to the court because the legal cost and faith you break. 3) arbitration (a settlement based on the conflict a party that to resolve the dispute) keep documents confidential under the arbitration rule; the reason why people don’t use arbitration → first, political power to negotiation when you use mediation; second, when use arbitration people need to convince the legal authority to prove the fact. 4) litigation
example in class: Niqab Canada

Jan 22 Class
Charter of rights and freedoms: guarantees the rights and freedoms set out in it subject only to such reasonable limits recited by law as can be demonstrably justified in a free and democratic society. (fundamental freedoms, your god is as good as my god but not better)
Ex: Bill Clinton cheated on his wife because a “incorporate relationship” with Monika Lewinski, they went to the court and have two choices (test sperm DNA or admit he lied then resign his career)
→ There is a right for her before the court we are bonded by the principle nature justice, everybody will be treated with impartiality
Section 32 states that the Charter of Rights only apply if it’s between the state (government) and its people. (charter does not apply to aboriginals on reserve)
the Charter applies has to be a right way that to be found
is there a violation of right
transfer of burden proof – the state has a) the element is pressing and substantial b) involves minimal impairment c) proportionate effects
Fundamental Freedoms: freedoms of conscience, religion, belief, opinion, association, media.
Freedom is something you are born with
Religious is hard to define, whether it is a superior force that given the message from a appropriate way and this is a series of followers that have been part of that movements in a period of time
Freedom of expression: how much can you go for when you make a statement to express
Democratic Rights:we have labor right and constitutional right to vote if you are a Canadian citizen
Mobility Rights: every citizen of Canada has the right to enter, remain and leave Canada – the right to move and gain livelihood. (meal, medication, drop etc)
Legal Rights: the relationship between the state and yourself when you actually deal with the law, and the right to life, liberty and security. ex: how long the criminal record/criminal justice can be cleaned
Equality Rights: equality between and under law and equal protection and benefit of law
color: ex Oscar no African-American be named on nomination
obesity people needs to pay two seats?
no treatment given to disadvantaged individuals or groups. ex: in Ontario, we are building a school for only boy because we only have girl school. Because women and men have different sense of interests and activities. Men usually have less mature than women so the school for boy can adjust its content.
the state has required to serve both official language, the state has no need to train you.

The Canadian Constitution and the Machinery of Justice
Jan 26 Class
SCC (Supreme Court of Canada)
Appeal FCA CMA ACO
(federal court of appeal) (court martial appeal) (appeal court ontario)
Trial FC TCC CSO SCO (SCC)
(federal court) (tax court of Canada)

Supreme Court of Canada – the final court of appeal, deals with issues of public importance which means it has to have a fundamental/national importance. ex: not the court for a parking ticket. Key fundamental: the independance of the court to show no bias. Court is solving the issues with its own decision as long as it follows the law.
Key independent:
the judge is follows the job security and freedom of expression to apply the law but they have obligation of reserve. (average $300K salary)
we are dissatisfy that we are appeal of decision, there is no political interference in the decision. (ex: discriminates against first nation children on reserves, the first claim filed against Ottawa in 2007)
the judge applies the law and they need to stay inside the framework. No electronic device is allowed in the court. Because the secure of democratic society by using the rule of law such as leave to appeal that you need an actual permission to leave to appeal.
Federal Court of Appeal – is the court that actually hear cases from the trial division. To hear cases from these lower courts such as Federal Court, Tax Court and Martial court, it means to hear the cases on permission from these lower courts and also respect the decisions from tribunals such as CRTC, transport commission, immigration refugee board. ex: aboriginal case if the government finds it’s unsatisfactory the obligation that the courts are actually expressing it’s a way of forwarding delay that allow to create a political settlement.
Federal Cour – deals with all cases that pretend the federal jurisdiction such as immigration or intellectual property.
Tax Court of Canada – deals with all federal tax such as income tax, HST. The court is leads by lawyers. Only the lawyers are reimbursed → large firms want CPA plus law degree.
Court Martial Appeal – deals with military and their rules and regulations.
Court of Appeal for Ontario – is the highest appeal of Ontario, and to hear all the appeals from lower courts of Ontario with permission (1000 maximum).
Court of Justice Ontario – deals with more than 200,000 criminal cases in a year such as drinking driving and also solve millions of provincial offences tickets such as speeding. ex: I’m going hunting this weekend without a permit, and have a tenant who set up a collar to catch the rabbit in the apartment and got three rabbits on last Saturday, And this tenant used frozen rabbits as bait to hunt coyote and he would use the rabbit skin to make a blanket. The tenant is a hunter with permit so this action is not illegal.
Superior Court of Justice – deals with severe criminal cases such as terrorism, drug dealing, hostages but also deals with family cases like divorce.

Jan 29 Class
Small Claims Court – people don’t have fear to claim their right in the small claims court
Step to make a small claim:
The guides apply the rules (maximum $25,000)
Making a claim first
Serving documents – a procedure that confirm you receive the documents
Discovery period – look at the evidence and discuss the witness or evidence is good or not and then decide should take the offer or not to the trial
Go to the trail – where you will be deal with the court case and all the evidences will be presented, photocopy is approved, we permit a certain hearsay (you are presenting another party who is not in court)
Decision from the court – judgement from the court (In some cases, you may appeal the decision)
Cost needs to be allocated
ex: Canada discriminates against aboriginal children on reserve (federal government spent $6 millions in 8 years to avoid the case)

Feb 2 Class
ex: Jian Ghomeshi trial is about “consent”, he doesn’t need to prove anything, only the crown needs to be approved beyond the reasonable result, the defence needs to do is to bring a reasonable defence case – No means “no” doesn’t exist, it has to be a clear yes means “yes”, if the people who has been assaulted said “yes”, the people who take the action or misconduct has the movement. The understand of “yes” from both side. From this case, we can see sometimes law is not absolutely fair or justice, it’s only for solve the problem.
ex: when people go out for dinner or other activity, if one people ask favor once which does not occur any issue, but if he/she ask three times or many times which can be an issue or harassment.

Limitations Act Ontario
What is claim? – claim means a remedy an injury, loss or damage that occurred as a result of an act or omission.
do not apply to certain acts such as Real Property Limitation Act etc
Aboriginal has specific act
Basic limitation period – a proceeding shall not be commenced in respect of a claim after the second anniversary of the day on which the claim was discovered. (if someone owes you money, you have limitation 2 years to claim)
Discovery – the day on which the person with the claim first knew that the injury was caused by or contributed by an act (ex: in OttawaU a blind student walk on stair with ices and a group of guys were looking aside and laughing on what would happen if the blind student will fall or not)
Assaults and sexual assaults ex for Ghomeshi case, the limitation period could be extended based on assault or sexual assault during any time in which the person with the claim is incapable of commencing the proceeding because of his or her physical, mental or psychological condition.

Deal with issues with legal risk: involves the consent where the risk and an event or circumstance that creates consequences partial, damages or economic losses resulting from legal actions.
ex: CBC has been assumed for allowing what happened with Ghomeshi case, the event has occurred in 2002 and 2003 but CBC has its hand clean which told the public that CBC is a safe workplace without sexual harassment. CBC does not directly involved into this case but the environment will force CBC to face its public damage or legal risk.
4 Steps of Risk Plan
Identify the legal risk
determine which function area is responsible for the event
look at the business decision model (who’s making the decision)
look at the business relationship (who’s involved)
operations and transactions (how’s it occurs and happened)
deals with issue of evaluating the risk
the probability of loss
the severity or the consequences (how bad it is)
make a management plan
retain the risk
transfer the risk (you sell the knife but not responsible for using the knife )
reduce the risk (providing safety notes how to use the knife)
avoid the risk (you don’t sell knife)
implement the plan
carryout the plan,
reassess the plan
Legal Risk example:
Ex: in Ghomeshi case, the witness sent the photo of her in the position where she’s in the bikini in the email with Ghomeshi, but this issue becomes a public Interest, if this photo would be released which will limit the other victims come out to discuss the issue of sexual harassment could be done because if these photo exist then nobody will raise the issue but people would be afraid their life story will be open to the public. The post media “globe and mail” makes the decision for releasing the photo based on it’s public interest or the witness made the choice for sending the photo. Because the way she sent the photo actually sending to the world. There is no problem for the web but any document or photo you send on the web could be an issue to damage your personal property unless send by secure system.

Ex: Mad shooter in uOttawa in Oct 2014 – this story shows when the emergency/incident happen, no lock down button to press in the classroom that students & professor can self-defence which shows no self-defence system in the school, if the professor hide somewhere insteads of protect student, he/she didn’t do anything illegal or wrong because he/she is not guardians. If the professor trains for providing guard, both students and professors need a whole process to follow and get training to do it.

Ex: when the traffic light stop working, if someone volunteers to do the traffic control and the accident happens, the volunteered traffic controller will be liable for it.

Feb 5 Class
Dispute Resolution (Conflict Resolution)
Dispute resolution: resolving disagreements between parties.
Different area of disputes:
labour relations (Canadian olympic committee Marcel Aubut sexual abuse)
delinquent customers: those that don’t pay their bills and limitation of 2 years when the claim was discovered
environmental issues such as pollution, waste control (ex: OttawaU melts the snow using the heat system to remove the snow)
torts for all the wrong things
contracts means obligation resulting from the work
electronic means (email, camera etc) – in the next 20 years accountants will be reduced by 20-40% instead of using softwares
insurance: dealing with the consent where there is an agreement that will determine the coverage of the event costing damages, torts or economic consequences, the key thing is to identify what will be those insurance events for example: health people with great health is the perfect group insurance companies want. (ex: Power Financial Corporation owns Great West Life, London Life, Canada Life, these insurance companies bring profits and pay dividend to Power Financial)
3 types of insurances:
life & disability insurance: when people die, the insurance will pay the taxes for the estate and health and benefits
property insurance (includes fire insurance)
liability insurance: deal with specific problems or wrongdoing
Specific elements of insurance:
deductible: the actual loss where the insured party is responsible
duty to disclose: we need to inform the insurance company of all the necessary facts related to the risk to be insure.
you need an insurable interest: has a finance state that be insured
indemnity means an obligation on this insurer
subrogation is the right of insurer to recover the amount paid on the claim
Insurance Example:
ex: call insurance company to make sure I have at least 2 million third party liability, and increases all the health benefits. (deductible is the loss, the amount insurer should be paid)

Ex: a member from student association came to class one day for explain to increase a yearly $29 health benefit fee to maintain the health benefit coverage students have. The question is why there was a deficit in health benefit in the past 7 years and need a 8% maximum increase annually to cover the deficit. The expenses for running the student federation are from free cell phone, parking, entertainment fee and also the budget for conference meeting or travelling if needed but the yearly financial statement is private.

Core insurance is the minimum requirement in the coverage of given property. In Ontario, the insurance companies require all the properties have to be covered by insurance about 90% of the market value of property. (500K value of house x 90% = 450K, 100K the coverage amount) If below to 90%, insurance company will pay the proportion to that new coverage you have for the value of the house. (250K x 50%, the coverage amount becomes 50K)

Feb 9 Class
CH13 Agency
Agency is the fundamental consent of common law.
What is agency? – Agency is an relationship between a principle and an agent, creating a legal relationship with outsiders.
4 key points:
Relationship can be verbal or in writing. Verbal statement can be a son ask mom to pick up his hockey bag.
The principle is someone for creating a relationship for the specific need such as university.
The agent is the people access the authority such as professor.
Outsiders is anybody outside the relationship between principal and agent becomes the third party.
How to create an agency?
Agency is created through a formal agreement to spell out.
Agency by ratification where an agent will ratify the exceed of the authority as an agent.
Agency by estoppel – It means that there is an relationship created when the principal acts with outsider concluding that agency relationship exists. ex: disappear authority is created if someone has no relationship with principal but called himself an agent. ex: Swarovski in Costco statement shows Costco is not a direct agent of Swarovski, the agent directly from Swarovski sells jewelry to Costco, but Costco will cover the insurance and warranty of Swarovski.
Agency by necessity – in the critical short term period, you require to add on behalf another party, either for health or financial consideration including property damage.

Feb 12 Class
ex: if you have a passcode on the cell, the police needs a search warrant to open it. If you do not have passcode, it means you do not create a privacy statement.

Authority
What is authority? people are accessing when they are in an agency situation.
Actual authority
express: verbal statement
implied:
the agency exist because of the environment which the agency is executed. ex: agent in the security guard.
it is necessary to carry out your express of authority ex I’ve been trained on how to teach accounting
by virtue or custom or practice your own authority
Apparent authority: it’s the power that agent appeals to have an outsider because of the conduct of the agent or the principle. ex: im in the accounting firm and developing a proposal for auditing of these firms and get pay for this service. Estopped means you cannot change the statement you express.
The duty of the agent
Fiduciary duty means you have duty to serve your principle with the best interests that is required within the law
Make full disclosure of all materials element
Avoid conflict of interest like serving two masters
Avoid using the principle property ex:using Internet or photocopy or other assets (pen) for personal need at work
Making secret commission or profit ex: can’t make secret deals in the back
Cannot compete against the principle
Need to respect ethical conduct
The duty of the principe
To pay the agent includes commission
Excess in the execution of test
To provide the appropriate tools
To provide the reasonable training
To reimbursement the reasonable expenses
To indemnify the reasonable losses
The Four liabilities
When the agent is inside the authority, the principle is fully liable.
The principle is liable for the apparent authority given to an agent.
If the agent exceeds that authority, the principle can ratify at any given time. → breach of warranty of authority
Anything the agent does outside the authority, he is liable for on a personal base.

CH 14 Partnership
Definition – a relationship that subsists between people (union, individual, parties) to carry on a business (trade, occupation and profession) in common (brings money or materials) with a view to profit.
Not a partnership by nature
property that own together such as marriage couple buy house
sharing gross returns (not net returns) does not
sharing payment if we pay out of the profit or reimburse you a loan
Meaning of “firm” → partnership
Relations of partners to persons dealing with them
every partner is an agent of the firm
partners bound by acts on behalf of firm ex: a partner buy an expensive photocopier every partner has liability on that
one partner pledging firm money for irrelevant cause does not make liable other partners.

Order Instructions

This thesis addresses the issue of wine law and regulation in different jurisdictions. The question that it addresses is what an optimum wine law regulatory framework is, and how can this be cultivated? The particular research questions that are to be answered are outlined in the corresponding chapters below.

CHAPTER 1 (5,000 words)

Chapter 1 identifies the different laws comprising wine law in Victoria, Virginia (New World areas), France and Italy (Old World areas) only. It describes what a regulatory framework comprises, and what an optimum regulatory framework is.

The research questions in this chapter are: (A) What is the scope of “wine law”? And (B) define what is meant by an “optimum” regulatory framework? These should be addressed as follows:

A. What is Wine Law?

This part of the chapter should explain that underpinning the wine law framework are various laws that make up “wine law”. The laws include: the Constitution of the particular country, Intellectual Property Law, Taxation Law (Federal, State and Local), Water Law, Contract Law, Property Law, and Torts Law. This thesis will focus on the first three (Constitutional Law, IP and Tax) in Victoria, Virginia, France and Italy only.

Only refer to the relevant laws, and legislation. Do not include or copy the contents of the individual Code/Statutory sections. This is to be reserved for Chapter 2, and I will do this at a later date. Also, do not include anything about the Constitutions here. There is a whole section in Chapter 2 dedicated to this.

B. What is an “Optimum” Regulatory Framework?

This chapter should define an “optimum” regulatory framework (or models), as it is woven throughout the thesis.

It should differentiate between a regulatory framework, and an “optimum” (or ideal) regulatory framework. In other words, there are a number of formulas for framing an “optimum” regulatory framework, and this is what some of the models are. In order to outline what these “formulas” are, it is necessary to look to legal theories, including: economic theory, capture theory, the rule of law, and public interest theory (e.g. Stigler’s and Posner’s characterisation of the Public Interest Theory). I have included 2 articles: “Models of Internet Governance”, and “Competition, Innovation and Productivity Growth”.

Both of these articles have key themes, and references that are to be included in this chapter. The article “Models of Internet Governance” adopts a very good structure in the way that it is written!

This is an extremely important section of the thesis, as it will be referred to in Chapters 2 and 6. Chapter 2 describes what the current wine law frameworks are in Italy, France, Victoria and Virginia. Chapter 6 identifies what the optimum regulatory framework for wine law is or should be. All the chapters leading up to Chapter 6 support the model or optimum framework proposed.

I need precise references to law, statutory references, Directives, and Code sections in this chapter. I need references to legal and economic theories to be accurate, and not just copied from a webpage. I do not want webpage references. Please focus on accuracy and high level writing.

CHAPTER 2 (14,250 words)

Chapter 1 identified the different laws comprising wine law in Victoria, Virginia (New World areas), France and Italy (Old World areas) only. It described what a regulatory framework comprises, and what an optimum regulatory framework is.

Chapter 2 follows by identifying the different regulatory frameworks overarching wine law in Victoria, Virginia (New World areas), France and Italy (Old World areas) only. Chapter 2 does this by first identifying what the different frameworks are, and provides an illustrative model of each. The chapter then follows by explaining how the laws identified in Chapter 1 in these wine areas interact within the framework. It does this by explaining how the laws interact from the perspective of a Consumer, the Wine Industry (vineyards, and wine makers), Political/Economic (state/country/governmental).

The research questions in this chapter are: (A) What are the different regulatory frameworks within which wine law in Victoria, Virginia, Italy and France operates? And (B) how do the laws interact within these regulatory frameworks to achieve certain goals from the perspective of the Consumer, Industry, and Government?

A. Legal Regulatory Frameworks

What are the legal regulatory frameworks governing wine law in the “New World” (in this thesis, Victoria in Australia, and Virginia in the United States), and the “Old World” (in this thesis, France and Italy)?

VIP point! Remember that “wine law” (or laws governing wine labelling, the wine industry, wine preparation, and wine consumption listed in Chapter 1) is to be distinguished from the “framework” in which the law operates. In other words, there is different regulatory framework for wine law depending on the wine region, country, and therein whether it a region within the “New World” or “Old World”. This difference (i.e. “regulatory framework” vs. “law”) must have been made very clear in Chapter 1. This is because the thesis focuses on proposing an optimum “regulatory framework” for “New World” regions. The purpose of this thesis is NOT to amend existing law governing taxes, or intellectual property etc. For example, one of the points that should be made in this chapter are the drawbacks of a particular regulatory framework (e.g. the regulatory framework within which wine law operates in France is very engrained, and may not work in New World regions such as Victoria).

A. Different Regulatory Frameworks of 2 New World areas – Victoria, Virginia

This is a descriptive section of the chapter. It describes the regulatory frameworks within which wine law operates. It should bridge Chapter 1 Part A.

i. Victoria

Law (already referred to in Chapter 1): When describing Victoria, mention that there are Federal laws (one is the Australian Grape and Wine Authority Act 2013; the other was the Australian Wine and Brandy Corporation Act 1980), that is administered by “Wine Australia”.

Framework: There is essentially a “National” regulatory framework. In other words, each individual region (e.g. Yarra Valley, Gippsland – in Victoria) lacks an individual regulatory framework (because wine law exists at a federal level). There are co-ops and smaller organizations, for example, that assist wineries (need to explain how!) in these regions. But, they do not administer the law.

Include a diagram/illustration of the wine law framework in Victoria.

ii. Virginia

Need to do research with this component of the chapter. Similar to Victoria, there are national laws governing wine law. Make a brief reference to the laws referred to in Chapter 1, and who implements the laws (e.g. who determines boundaries of wine regions, wine licenses for wineries (NOT retailers), etc). The regulatory framework is therefore more national, rather than by region.

Include a diagram/illustration of the wine law framework in Virginia.

B. Different Regulatory Frameworks of 2 Old World areas – Italy and France

The following from Chapter 1 needs to be briefly mentioned to outline the regulatory framework. In Europe, for example, there are various EU Directives (these Directives need to be identified, but the contents of each are not to be copied out or included in this chapter, nor in Chapter 1) that govern the wine industry at a National Level. That each EU country implements these directives, with some slight variation (these variations should be noted). But, that each region within Italy (e.g. Bologna, Florence, Parma), and France (e.g. Bordeaux, etc.), has its own wine regulatory framework (i.e. who administers wine practices, breach of intellectual property, that grapes from one region actually make wine in that region etc. And that this forms part of a larger wine law regulatory framework. This needs some research to be undertaken to accurately describe the operation of the regulatory frameworks within which wine law operates in and for these two countries (France and Italy).

The operation of these frameworks must be described, and an illustrative model/diagram included).

C. Difference for variation in regulatory frameworks overarching wine law in the New World and Old World areas

This section of Chapter 2 explains the motivating factors behind the development and operation of the regulatory frameworks in these 4 areas (Virginia, Victoria, Italy and France).

i. Interaction of Laws: Consumer, Industry, and Government?

A short paragraph describing the significance of the interaction of laws from the perspective of a consumer, industry participants (i.e. wineries), and the government. And why this is important for explaining the operation of the regulatory frameworks, and why they developed the way they have.

Consumer
• Who the consumer is. Important factors for them is safety, price of wine, quality (moreso in the Old World, though). How does the regulatory framework cater to this? Research (not webpages!) will need to be undertaken to flesh this out. Consumers are important in shaping the regulatory framework overarching wine law because wine is increasingly consumer-driven.
• Given these factors, how do the laws interact within the regulatory framework? How well do the laws interact? If they don’t (e.g. there are gaps, or overlaps in the operation of certain statutory/Code/Directives/regulation), then is this due to the regulatory framework in which the laws operate? Or do the laws need to be rectified? If so, why and how?

Industry
• Who are the industry participants? Wineries are the focus here. Important regulatory factors are affordability of production, ability to produce (i.e. not inhibited by boundary classification of wine region), competition (i.e. being able to export to different countries/ prohibiting import of wine from other countries or regions), environmental/climate factors (but focus on the law and legal regulation! As this is not a science PhD).
• Given these factors, how do the laws interact within the regulatory framework? How well do the laws interact? If they don’t (e.g. there are gaps, or overlaps in the operation of certain statutory/Code/Directives/regulation), then is this due to the regulatory framework in which the laws operate? Or do the laws need to be rectified? If so, why and how?

Government
• This is multifaceted. As there are regulatory authorities administering the Wine regulatory framework at a national level (e.g. Intellectual Property/Branding is done by national bodies in all of these 4 areas – IP Australia, USPTO, EU; Taxes are administered on a State and Federal/National level; Competition is influenced by tariffs imposed by governments, etc.). The government seeks revenue and compliance with laws.

• Given these factors, how do the laws interact within the regulatory framework? How well do the laws interact? If they don’t (e.g. there are gaps, or overlaps in the operation of certain statutory/Code/Directives/regulation), then is this due to the regulatory framework in which the laws operate? Or do the laws need to be rectified? If so, why and how? For example, at present, there is a lot that can be done to encourage new wineries in New World regions such as Virginia and Victoria. This could be done through the Tax system (e.g. encourage R&D, rebates for new wineries, loosen up trade barriers particularly in the EU). This section needs to have precise referencing (not webpages! Or Wikipedia).

• This section should also identify strengths/flaws/gaps/drawbacks of the frameworks from the perspective of each of these entity types (i.e. Consumer, Industry and Government). The purpose of identifying strengths/drawbacks/gaps of frameworks is vital to Chapter 6 (i.e. proposing an optimum or model framework).

D. Constitutional Influence

Mentioning the significance of the Constitution is also important. The Constitutional Law of New World countries (the US and Australia), that underpin the wine law regulatory frameworks, vary in themselves. This section should mention what Amendment/s of the US Constitution govern “wine law” in the US (only list the particular Amendment of the US Constitution – not the content of the Amendment). Then outline what sections of the Australian Constitution governs wine law (only list the sections of the Constitution – not the content of the sections). The Constitutional underpinnings have shaped the laws, which appear to have (in a way) shaped the wine law regulatory frameworks in Virginia (on the one hand), and Victoria (on the other).

E. Chapter Summary

Therein, identify whether the wine law regulatory frameworks in the “New World” (i.e. Victoria in Australia, and Virginia in the United States), are truly influenced significantly by the “Old World” (i.e. by established regimes – France and Italy)?

Summary of the similarities, and differences in the regulatory frameworks of these regions (e.g. is there a Federal or National body formerly regulating Wine Law)?

Identify at least 3 drawbacks, and 3 positives of having a national regulatory framework, versus wine region specific? This is imperative in this thesis, as it articulates what is meant by “optimum” regulatory framework that is proposed in Chapter 6 of this thesis.