commerce y10: law, society, and political involvement

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law

a set of official and enforceable legal rules that govern society, intended to regulate every member of the community and which can incur serious penalties and punishments if not abided by.

rule

statements advising those in a particular group on what they should do in order to achieve and maintain order, etc.

what are most laws in australia made by

federal and state parliaments

how do rules differ from law (3)

• are more lenient and must work to be considered effective

• jurisdiction is limited to a particular group

• not enforced by governments/court systems

how are laws enforced and administered

through the court system, police force, correctional centres (e.g. jails and juvenile detention centres), and various government bodies

similarities of laws and rules (4)

• both exist to maintain order and are necessary to avoid chaos/anarchy in society

• both set our rights and responsibilities, which provide security and protection

• both have penalties if broken

• both regulate behaviour and prohibit certain types of conduct that are dangerous and disruptive to society (e.g. discrimination, violence)

anarchy

a state of disorder due to an absence of laws

what happens when people obey the law

a sense of order is created, resulting in a society where people can live peacefully

what are the main purposes of laws and provide an example/explain (4)

• establish boundaries of acceptable behaviour and determine which actions will not be tolerated

  • e.g. drink driving laws reflect society’s attitudes that placing other road users at risk through intoxication is unacceptable

• protect people from the behaviour of others as well as our own, which is done by telling society what people can not do

  • e.g. murder, assault, and robbery is prohibited, and drink driving and riding a bike without a helmet

  • however, this restricts individual freedom but provides safety for all of society

• provide freedom by telling what society is allowed to do, as a result, people are allowed to do many things in life

  • e.g. own a business, drive a car, get married/divorced, leave school

• resolve disputes in order to stop people from taking the law into their own hands, which leads to vigilantism

what happens when there are too many laws

people’s freedoms are severely restricted

what happens when society does not have enough laws

the society turns into chaos and people will become very unhappy. those with the most power, money, and strength would start to dominate, leaving people who are weak and helpless to suffer.

e.g. in extreme cases, the civil war in syria

why is it important for society to achieve a balance between too many and too few laws

to create a sense of order and peace without severely restricting people’s freedom

how do laws regulate/govern society

by setting out the rights & responsibilities, duties, and acceptable codes of behaviour for all members of society

the best societies will have laws that: (4)

• are well defined and just

• give people as much freedom as possible

• do not discriminate against (certain) groups or individuals

• do not give people too much freedom that they can unjustly interfere with the rights and freedom of others

legislation

laws (considered collectively), the process of making or enacting laws

what do laws evolve from

the moral and ethical values and standards of a society, which reflect the beliefs, attitudes, and values of its people

why do countries/nations have different laws

countries/nations have different laws to each other because the moral values and standards of behaviour that people find acceptable in society often differ between countries

what are the two main principles associated with justice

1. justice means that all people are treated by the law, fairly and impartially. in other words, justice means people are not discriminated against on the basis of gender, religion, race, wealth, or ethnicity when it comes to the law.

2. justice also demands that the punishment to the guilty by the court should be appropriate. in other words, the punishment should match the crime/offence committed.

why is it important for people to trust the legal system to deliver justice

people will be less inclined to take the law into their own hands, which can lead to vigilantism

what are the 3 main sources of law (how are they made)

• historical british law (adopting british law)

• statute law

• common law (judge-made law)

the adoption of british law (a source of law)

in 1828, the british government passed “The Australian Courts Act” which stated that the aboriginal colonies would adopt all of the British law that existed at the time. most of these basic principles still exist in the australian legal system today

statute law (a source of law) and give an example

laws made by (politicians) in parliament, such as statutes and acts (e.g. federal and state laws)

federal law

laws that apply to the entire country of australia and overrides the state legislation (e.g. taxation, immigration, consumer protection issues, trade, practices, and bankruptcy)

state law

laws that apply to individual states

common law (a source of law)

laws made by judges based on previous court case decisions (i.e. precedents)

precedent and its role

a previous legal and judge-made decision that serves as a rule or guide to future cases. they are also used to create new laws or to add interpretations to existing laws.

who can make law

only judges and the government

where are government laws made

parliament

how do governments make laws

by passing acts of parliament (aka statutes)

how do judges make laws

by making courtroom decisions

where did laws in the early australian colony come from

britain in 1828

lady justice

a representative of the legal system. she depicts justice as equipped with a blindfold, sword, and balance scales, which are symbols that depict the main principles of the legal system

what do our laws today stem from

tradition, religion, tribal law, past laws, colonial law, and customs

main reasons causing change within a law system and provide examples (3)

• technology: as technology evolves, laws must change to take this into account (e.g. traffic laws had to be implemented due to the development of the car, phone ban)

• environmental groups: implementing laws that will protect the environment (nsw banning single-use plastic bags in hopes to minimise plastic pollution)

• social attitudes: the law must be adjusted to consider the changes in society’s attitudes over time (previously, it was illegal for women to go swimming at public at public beaches as it was considered disrepectful for a women to wear a neck-to-knee costume at the time)

jurisdiction

authority, power (to make (legal) decisions))

explain what type of court system does australia have

hierarchical, according to the seriousness of the offence. each court deals with different legal matters over which it has jurisdiction

what do higher courts hear of and provide instances

the most/more serious matters such as serious crimes and civil cases that affect many people or involve large sums of money

what do lower courts hear of

less serious matters

what method of trial is used in australia

the adversarial system

what is the adversarial system

system in which two opposing parties/sides present their arguments to an independent umpire. this system is based upon the principle “innocent until proven guilty”

umpire

a judge (higher courts) or magistrate (local court)

why is it discouraged for people to bring someone else to court when all else has not yet failed

people are encouraged to use all their other legal options to resolve legal disputes before going to court as the court process can be very expensive, time-consuming, and stressful. the court is used to reach a legally binding and definite decision that must be obeyed.

why is cost of trial a big issue in society

the cost of trial becomes more expensive when the trial is held in a court higher up the hierarchy

what can be done if an individual is unhappy with the ruling of a lower court

they can appeal the decision and have their case reviewed in a higher court.

appeal a decision

apply to a higher court to potentially overturn the decision of a lower court.

why and why can someone not appeal a decision

a decision can be appealed if new evidence comes to light or if they believe the punishment is too harsh. they can NOT appeal the decision because they do not want it.

what is the order of the hierarchical system

local, district, supreme, and high court

which courts do not have jury

local and high

what is the local court also known as

magistrate’s court

what is the lowest court

the local court

what and how does the local court deal and hear with (3)

• they aim to deal with matters quickly and cheaply, such as summary offences, through a magistrate who hears cases, decides the verdict, and sets any punishment.

• they also deal with committal proceedings for indictable offences.

• they also hear relatively minor civil matters like people suing others for damage to property or injury claims of up to 100K

magistrate

court official who presides over the local court

how many years can a magistrate imprison an offender

up to two years per offence, or a maximum of five years

where do all criminal cases and over 90% of civil cases begin in

local court

summary offences (aka misdemeanours?)

minor criminal matters like stealing, drink-driving, assault, possession of drugs, and indecent language (local court deals with this)

committal proceedings/hearings

hearings in the local court that decide whether there is enough evidence for a case to go to trial in a higher court for an indictable offence

indictable offences

serious matters such as armed robbery, manslaughter, homicide

what are the two specialist branches of the local court

the children’s court and the coroner’s court

the children’s court

court that deals with cases involving the care and protection of children, including young people under who have committed offences when under the age of 18

the coroner’s court

special local court that investigates deaths by unnatural causes in order to determine the identity of the deceased and other details regarding the death, like date and cause, as well as the cause and origin of suspicious fires or explosions.

family court

assists in resolving more complex legal family matters like divorce, parenting disputes, and the division of property when couples separate

what does the district court deal/hear with

more serious civil cases for claims from 100K to 750K, criminal cases, and all motor vehicle accident cases. they also hear appeals from the local court

what is the highest court in nsw

supreme court

who presides over the local court

magistrate

who presides over the supreme court (and federal)

chief justice

what does the supreme court deal/hear with

the most serious criminal cases such as murder, treason, and serious sexual assault, and serious civil cases involving more than 750K. they also hear appeals from the local and district court

what power does the supreme court have on the lower courts

the judgments of the supreme court are binding/compulsory on all lower courts, meaning that the lower courts must follow the decisions of the supreme court if the cases are sufficiently similar (precedent)

where is the only supreme court in nsw located

nsw, sydney

what does the federal court of australia deal with and give examples

legal matters that involve an aspect of federal law like taxation, immigration, consumer protection issues, trade practices, and bankruptcy)

what is the specialist branch of the federal court

the family court of australia

where is the high court located

canberra, australia

what does the high court deal/hear with

appeals from the state or territory supreme courts and matters involving the commonwealth

what is the main role of the high court

ensure that law-makers do not breach the constitution

constitution

rulebook outlining how a parliament is to operate and a country is governed.

what power do both the high court and federal court have

the high court and federal court have the power to make a decision that applies to the whole country since the high court is also a federal court

what power does the high court of australia have

since it is the highest and most senior court in australia, its decisions are final. they also have the power to overturn a law only if it is unconstitutional

how many judges and what judges does the high court consist of

7 judges: the chief justice and six justices

is there jury in the high court

no

how many jurors are there in a civil case

6

how many jurors are there in a criminal case

12

judge’s associate

trained lawyer who manages much of the paperwork

public gallery

members of this sit at the back of the courtroom and listen and observe the court proceedings

sheriff’s officers

serve summonses and provide security for the court

accused / defendant

person/party who is accused and must defend their actions

what must the jury do in civil trials

they must decide on the balance of probabilities whether the defendant is liable and needs to pay damages

what must the jury do in criminal trials

must decide on whether the accused is innocent or guilty beyond reasonable doubt

what does the defence counsel do in criminal cases

• if the defendant/accused pleads guilty, they present arguments to try to minimise the punishment

• if the defendant/accused pleads not guilty, they must convince the judge or jury that their client is innocent

prosecutor

lawyer representing the police or state who brings action against the accused and to convince the judge/jury that the accused is guilty of committing the crime.

what does the prosecutor do in criminal cases

prove to the court that the accused/defendant has committed a crime and should be punished by asking witnesses to draw our relevant information

what does the barrister (there is no prosecutor) do in civil cases

act on behalf of the plaintiff and present reasons why their client should receive compensation

witness box

place where people give evidence

tipstaff

helps the judge keep order in the court

judge

court official who has the power to make decisions on matters brought before a court of law

jury

a random panel of ordinary people who listen to evidence presented at court

role of the individual jurors in jury

to be fair and impartial (unbiased) when examining the facts of the case in order to make a decision about what they believe actually happened

which courts do have jury

district and supreme

beyond reasonable doubt

standard of proof in criminal cases meaning that there must be sufficient evidence to remove any reasonable doubt in the mind of the jury that the accused is guilty

balance of probabilities

standard of proof in a civil case which means a decision is made in favour of those claims that are more likely to be true

jury service is…

one of the most important rights and responsibilities of australian citizens

how are people chosen for jury duty

jurors are drawn at random from the electoral roll and notified that they could be selected for jury service within the next 12 months