1
Q
reasons for law
A
- Set boundaries: Decide what behavior is unacceptable (e.g., drink-driving laws).
- Protect people: Stop harmful actions such as assault or robbery.
- Give freedom: Allow things like owning a business, driving, marrying.
- Resolve disputes: Provide police, courts, and jails to handle problems fairly.
2
Q
difference between rules and law
A
- Rules = non-legal, smaller groups, lighter penalties.
- Laws = legal, society-wide, serious penalties.
3
Q
values, morals and ethics
A
- Our ideas of right and wrong come from the moral and ethical values of our society.
- Example: Murder is seen as a serious crime because society believes human life is valuable.
- Religious institutions often shape society’s moral and ethical values.
- Laws vary between countries because each different society has different values.
4
Q
bottom tier; local court
A
- Over 160 in NSW.
- No jury, only a magistrate (a legal expert).
- Handles: Minor criminal cases (e.g., stealing, drink-driving, assault, drug possession, indecent language), Minor civil disputes (claims up to $100,000), Committal hearings for major crimes to decide if they go to a higher court and -other duties: bail applications, issuing arrest/search warrants, Apprehended Violence Orders (AVOs).
5
Q
second tier; supreme court
A
- Highest court in NSW.
- Headed by the Chief Justice.
- Handles: Most serious criminal cases (e.g., murder, treason, serious sexual assault), Serious civil cases (claims over $750,000).
- Appeals from Local and District Courts.
- Judgments are binding on all lower courts.
6
Q
third tier; district court
A
- The middle court in NSW.
- Cases heard by a judge, sometimes with a jury.
- Handles: Civil cases with claims between $100,000 and $750,000, Motor vehicle accident cases, Serious criminal offences (e.g., armed robbery, manslaughter).
- Also hears appeals from the Local Court.
- Located in Sydney and regional centres.
7
Q
top tier; high court
A
- Located in Canberra.
- Handles: Appeals from state Supreme Courts, Cases about interpreting the Constitution.
- decision is final and therefore no further appeal
- Affect all of Australia.
- Made up of seven judges (Chief Justice + six Justices).
- No jury used.
8
Q
special local courts
A
- Children’s Court: Handles criminal and protection matters involving people under 18, closed to the public/media.
- Coroner’s Court: Investigates deaths by unnatural causes and fires/explosions.
9
Q
how to go to court as the accused
A
After arrest, if police have enough evidence, you may go to court.
If you plead not guilty, a trial happens using the adversarial system when Two opposing sides present their cases to an independent umpire (a judge or magistrate).
10
Q
role of the magistrate
A
- In charge of the Local Court (the lowest court).
- Atmosphere is more informal (no wig or robe).
- Addressed as “Your Honour.”
- Responsibilities: Listen to both sides, Decide guilt or innocence, Decide punishment (in criminal cases) or award damages (in civil cases).
- Refer very serious cases (e.g., murder) to a higher court
11
Q
role of the jury
A
- A group of 12 people (in criminal cases) or 6 (in civil cases).
- They listen to the evidence and decide if the accused is guilty or not guilty.
- They must be fair and base their decision only on what they hear in court.
12
Q
role of the prosecutor
A
- A lawyer who represents the state or Crown in criminal cases.
- Their job is to present evidence to show that the accused committed the crime.
13
Q
role of the defense lawyer
A
- Represents the accused person.
- Their job is to protect the rights of their client and argue their case in court.
14
Q
role of the witnesses
A
- People who give evidence about what they saw, heard, or know about the case.
- They must tell the truth by taking an oath on the bible and answer questions from both lawyers.
15
Q
role of the court clerk
A
- Helps the judge by managing the paperwork and court schedule.
- Reads out charges and swears in witnesses.
16
Q
role of the Court Officer (or Bailiff)
A
- Keeps order in the court and makes sure everything runs smoothly.
- Brings people into the courtroom and helps the judge as needed.
17
Q
role of the accused
A
- The person who has been charged with a crime.
- They may plead guilty or not guilty and will have a chance to defend themselves.
18
Q
beginnings of parliament
A
Began in England with the Magna Carta in 1215, when King John promised to consult his lords and allow elected community members to meet.
First Parliaments: Meetings of lords and commoners were called parliaments (from French parler, meaning “to speak”).
By 1350 Parliament split into two houses — House of Lords (nobles) and House of Commons (elected members).
19
Q
statue law meaning
A
Laws made by parliament.
Parliament’s laws are the highest authority and must be obeyed by everyone.
20
Q
three levels of parliment
A
- Federal Parliament (Canberra): Makes laws for the whole country.
- State and Territory Parliaments: Make laws for their own state or territory.
- Local Councils: Make local laws, with powers given by the state parliament.
21
Q
Private Law (Civil Law)
A
- Focus: Relationships between individuals.
- Deals with Rights and duties people owe each other, disputes between individuals or organisations (e.g., contracts, property, family matters).
22
Q
public law
A
- Focus: Regulating behaviour in society.
- Deals with Protecting the freedoms of individuals, Setting standards for how the government (the state) should behave. Examples include criminal law, constitutional law, and administrative law.
23
Q
law of tort
A
The law of tort deals with situations when one person infringes the rights of another, resulting in distress or injury; for example, the mental distress caused by being bullied. The person injured may claim financial compensation from the other party for any loss suffered.
24
Q
contract law
A
This set of laws is concerned with legal agreements between two or more people. If one party fails to carry out his or her side of the agreement, that person can be sued for breach of contract.
25
negligence
Failing to take reasonable care, causing injury to another.
26
Defamation
Damaging another person’s reputation.
27
Nuisance
Unreasonable interference with someone’s enjoyment of their property.
28
Trespass
Interfering with another person's property or body without permission.
29
criminal law
Criminal laws are needed to keep the community safe from harm, to provide for an orderly society and to provide a way of dealing with a crime when it occurs. Offenders will be punished if they choose to put people and property at risk.
30
Indictable Offences (Serious crimes)
- **Examples**: Armed robbery, homicide, child abuse, murder, sexual assault.
- Heard in the District or Supreme Court.
- Decided by a judge and jury.
31
Summary Offences (Less serious crimes)
- **Examples**: Minor assaults, petty theft, vandalism, traffic infringements.
- Dealt with quickly and cheaply in the Local Court by a magistrate.
32
International Law and The United Nations
- International law is about rules for how countries behave towards each other.
- It covers issues that go beyond one country, like war, trade, or the environment.
- International laws are mostly made through treaties and conventions between countries.
- The United Nations (UN) helps create and enforce these laws.
33
federation
The states agreed to join together, creating one nation while still acknowledging the British monarch as the head of state. Australia became independent but governed by a constitutional monarchy with three levels of government: federal, state, and local.
34
federal government
**responsable for**:
- Air travel
- currency
- defence
- foreign affairs
- immigration
- Medicare
- pensions
- social security,
- taxation
- telecommunications
- trade.
35
state government
**manage issues not covered by federal law, including**:
- Aboriginal welfare
- agriculture
- education
- community services
- health
- law and order
- emergency services
- environmental protection
- public transport
36
local government
**Handles**:
- Dog/cat registration
- libraries
- parks
- rubbish collection
- streets and bridges
- swimming pools
- town planning.
37
The Eureka Stockade and Democratic Rights
In the 1840s, only men who were 21 years old, and who owned or rented property, were allowed to vote. This system was undemocratic.
38
referendum
A referendum in Australia is a process through which Australians vote to change the Constitution. The Constitution can only be altered through a referendum.
39
separation of powers
The separation of powers ensures that the power to govern is divided into three distinct arms, each with separate responsibilities and functions.
40
three arms of government
- Legislative Arm: The power to make and change laws.
- Executive Arm: The power to put laws into action.
- Judicial Arm: The power to enforce the law and settle legal disputes.
41
administrative law
Administrative law deals with the decisions and powers of these government departments. This law allows courts to review and change the decisions of government if necessary.
42
Constitutional law
This set of laws deals with the rules by which a country is governed. It is concerned with the powers and authority of parliament; the rights of each citizen; the powers between the federal and state governments.
43
family law
This law regulates family relationships. It sets out rules about the process of getting married; who can get married; de facto relationships; divorce; custody and other aspects involving family members.
44
Industrial law
This law is concerned with the rights and obligations of employers and employees. Much of the law deals with the legal way of resolving industrial disputes, workers' compensation, occupational health and safety, and discrimination in the workforce.
45
property law
This law recognises two broad types of property: real property (land and buildings) and personal property (goods and services we purchase). Specifically, property law provides regulations about the sale, leasing and hiring of property.
46
treaty
A contract between two countries or international organisations.
47
anarchy
A situation where there is no government or laws, leading to chaos or disorder.
48
Democracy
In a democracy, citizens have a say in how their country is governed, often through voting to elect representatives or directly participating in decision-making.
49
Cabinet
Includes the prime minister and senior ministers, who make the key government decisions.
50
Precedent
A precedent is a judge’s decision in a past case used to guide similar future cases. It ensures the law is fair and consistent, and lower courts must follow higher court decisions if the cases are alike.
51
common law
Made by judges in court when there’s no existing law. These are based on decisions in actual cases.
52
Statutory Interpretation
Statutory interpretation is when judges clarify unclear laws. Their explanation becomes part of the law and must be followed in future cases.
COMMERCE
flashcards
Decks in class (6)
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