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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. laws can also help ensure appropriate and fair relations between citizens.
rule
statements advising those in a particular group 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
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.
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 more 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)
laws made by (politicians) in parliament, such as 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 in court
precedent
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
statute law
law made by government
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 (7)
technology: as technology evolves, laws must change to take this into account
environmental groups: implementing laws that will protect the environment
social attitudes: the law must be adjusted to consider the changes in society’s attitudes over time
political parties: different political parties tend to emphasise different aspects of the law
trade unions: trade unions pressure the government to change laws to improve workers’ wages and conditions
civil liberty groups: these are organisations that advocate for society to be as free from rules and regulation as possible
employer groups: these groups pressure the government to change laws so that company profits and the business environment will benefit
jurisdiction
authority, power (to make (legal) decisions))
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
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 help 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 for a reversal of 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 (in the moment?) simply because they do not like 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 relative minor civil matters like people suing others for damage to property or injury claims of up to 100K
magistrate
a qualified legal practitioner (professional) who have many years of experience in dealing with legal matters (which are typically minor)
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 if there is enough evidence for a case to go to trial in a higher court.
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 family law 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 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 an 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
legal matters that involve an aspect of federal law
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 for 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 is also a federal court, meaning that any decision the high court makes applies to the whole country
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 who is accused and must defend their actions
what must the jury do in civil trials
they must decide on the (standard of proof of) 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 they must convince the judge or jury that their client is innocent
prosecutor
lawyer presenting the police or state
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 prosecutor do in civil cases
present reasons why their client should receive compensation
witness box
place where people give evidence
tipstaff
helps to judge keep order in the court
judge
the presiding officer in the courtroom
when there is no jury, the judge listens to arguments presented by the prosecutor and the defence counsel and decides all matters of the case
when there is jury, the judge ensures the jury understands the proceedings and evidence. the jury will decide the sentence or punishment if the jury announces a guilty verdict
jury
panel of ordinary people chosen at random who listen to evidence presented at court
role of 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
there must be sufficient evidence to remove any reasonable doubt in the mind of the jury that the accused is guilty
balance of probabilities
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
