Commerce

Question 1

What is a non-legal rule?

Answer 1

Guideline that is not enforced by law. Created by groups.

Question 2

What is a law?

Answer 2

A rule made by and enforced by the government.

Question 3

3 things you should consider when determining between law and rule?

Answer 3

1. Who made the rule
2. To whom does it apply
3. What consequences exist if it is broken

Question 4

Who makes laws?

Answer 4

State parliaments.

Commonwealth parliament.

Subordinate (or statutory) authorities.

Courts or judges.

Question 5

Why must laws be updated?

Answer 5

For changing needs, values and realities of society.

Question 6

What are the purposes of laws?

Answer 6

Social cohesion, acceptable behaviour, code of conduct.

Protect the community from harm by discouraging dangerous behaviours.

Reflect changing values.

Assist in resolving disputes.

Question 7

What is the hierarchy of government?

Answer 7

1. Federal government
2. State/Territory government
3. Local government

Question 8

What are the two types of law?

Answer 8

Criminal and civil law

Question 9

What is criminal law?

Answer 9

An area of law which is established by authority to regulate behaviour in order to protect society and is supported by a sanction if violated.

Standard of proof: Beyond reasonable doubt
Verdict: guilty/not guilty
Outcome: Sanctions

Question 10

What is civil law?

Answer 10

An area of law covering the infringement of a person’s rights and aims to restore the affected person to their original position or to compensate that person for their loss.

Standard of proof: Balance of probabilities (more likely than not)
Verdict: Liable/not liable
Outcome: Remedies

Question 11

What are summary offences?

Answer 11

Less serious criminal offence.

Question 12

What are indictable offences?

Answer 12

More serious criminal offence.

Question 13

What is actus reus?

Answer 13

Physical, guilty, component of an act.

Question 14

What is mens rea?

Answer 14

Guilty mind, mental component of an act.

Question 15

What is strict liability?

Answer 15

Can be held criminally responsible for an offence without need to improve intent (no need for mens rea)

Question 16

What is the burden of proof?

Answer 16

Legal duty to prove the facts of a case and ensure fairness.

Question 17

What is the standard of proof?

Answer 17

The level of certainty required to prove a case in court.
Criminal case - beyond reasonable doubt
Civil case - Balance of probabilities

Question 18

Who has burden of proof (civil + criminal)?

Answer 18

Criminal case - Prosecution
Civil case - plaintiff (person bringing the case)

Both cases, burden lies with party making accusation/claim

Question 19

What is the order of the court hierarchy?

Answer 19

1. High court of Australia
2. Supreme court of appeal
3. Supreme court (trial division)
4. County court
5. Magistrates court
   (highest to lowest)

Question 20

Criminal and civil jurisdiction in magistrates court?

Answer 20

criminal - minor criminal matters/summary offences
civil - minor civil disputes, amount of money in dispute is no more than $100,000

Question 21

Criminal and civil jurisdiction in county court?

Answer 21

criminal - all serious types of offences except murder related offences.
civil - All civil disputes involving an unlimited amount of money

Question 22

Criminal and civil jurisdiction in supreme court? + Supreme court of appeal

Answer 22

Supreme court (trial division):
criminal - serious/indictable crimes and murder/murder related crimes.
civil - All civil disputes involving an unlimited amount of money

Supreme court of appeal:
criminal - appeals from both county and supreme court.
civil - appeals from both county and supreme court.

Question 23

What is appeal and precedent?

Answer 23

Appeal - request to a higher court when a party believes there is a legal error/unfairness.

Precedent - Legal rule/principle established by a previous court decision.

Question 24

Who is the magistrate?

Answer 24

judicial officer in magistrates court. hears minor criminal cases, decides guilt/innocence

Question 25

Who is the tipstaff?

Answer 25

Personal assistant to judge (higher courts) conducts legal research

Question 26

Who is the bench clerk?

Answer 26

Assists magistrate/coroner.

Question 27

Who is the judge?

Answer 27

senior judicial officer, presides over cases in higher courts. (county &^) - Ensures fair trial procedures are followed - Interprets and applies the law - Directs the jury - Decides the outcome in trials without a jury - Imposes sentences

Question 28

Who is the jury? How is it selected?

Answer 28

usually 12 people. Decide facts of a case and deliver a verdict (guilty/not guilty)

Question 29

what are the 3 sanctions? (criminal cases)

Answer 29

Imprisonment Fine Community correction order (CCO)

Question 30

What are the 2 remedies? (civil trial)

Answer 30

Damages - monetary payment for plaintiff to compensate for loss/injury. Injunction - Court order that requires someone to do/stop doing something.

Question 31

What are the five main purposes of sanctions?

Answer 31

Punishment Deterrence Denunciation Rehabilitation Protection

Question 32

What are aggravating and mitigating factors?

Answer 32

Aggravating - Make offence more serious -> harsher sentence. mitigating - make offence less serious -> lighter sentence.

Question 33

What is a parole and non-parole period?

Answer 33

non-parole period - Minimum time an offender must spend in prison before being considered for release. Parole period - rest of sentence (offender may be released into community under strict supervision)

Question 34

What are the 4 main grounds for appeal?

Answer 34

1. Error of law 2. Error of fact 3. Procedural irregularity 4. Unreasonable/manifestly unjust decision

Question 35

What is jurisdiction?

Answer 35

The type of case which can be heard at each level of the court hierarchy.