COMMERCE.1.24

Laws

Laws

Legally binding rules that are enforced by police and courts

Rules

Non-legal regulations only binding within a certain group

Four main roles of law

• Establish boundaries - Set an standard of acceptable behavior and determine which actions will and will not be tolerated

• Protection - protects us from others actions and our own

• Freedom - The law tells people what they do and don’t have the right to do and make sure freedoms were protected

• Resolving disputes - Provide a clear way to resolve issue fairly

What do laws usually reflect

The laws of a country usually reflect the morals and ethics of the main religion.

Local court - judge jury or magistrate?

Magistrate

What does the local court do

• Summary offences - Petty left, low-level drug crimes, indecent exposure

• Civil cases $1 - 100,000

• Issue warrants

• Hears bail applications

• Committal hearings

What doesn’t the local court do

• Indictable offence

• Civil cases over $100,000

Indictable offences

More severe criminal offences

District court - judge jury or magistrate?

Judge or jury

What does a district court do

• Civil cases $100,001 - $750,000

• Appeals from local courts

• Indictable offences

What doesn’t the district court do

• More severe indictable offences

• Civil cases $750,001 +

Supreme court - judge jury or magistrate?

Judge or jury

What does the supreme court do

• Civil cases $750,001 +

• Appeals from local and district courts

• Serious indictable offences

What doesn’t the supreme court do

• Hear constitutional matters

• Hear federal matters

How many judges does the high court have

7

What does the supreme court do

• Deals with matters to do with the constitution

• Make the final decision

Specialised courts

• Children court

• Corners court

• Family court

• Drug court

What is a jury

A jury is a group of people who hear court cases to help decided whether an alleged offender was guilty or not guilty.

requirements to be on a jury

• 18+

• Must be on the electoral role

• Australian citizen

• Not apart of legal system

• Not have a conflict of interest with anyone involved

What do juries need in order to convict someone

• There needs to be a majority (all 12 agree)

• In some cases a judge may allow one person to disagree

Empanelment

When a jury is in a court room

What happens when there is a hung jury

• Retrial - Trailed again (rare)

• Appeal - Goes up to the nest court

Other words for judge made law

Precedent/common law

Where are law reports found

Law reports

What happens when there are no new precedents

The judge makes a new oneStatut

Statutory interpretation

When judges interoperate law it becomes precedent

What was the law system before parliment

Kings used to have all the power however until a more parliamentary system was introduced in the 15th century

What is another word for government law

Statute/legislation

What kind of law is the most powerful

Statute

What is the consitution

Rule book for how a parliament should operate and a country should be governed

8 steps for passing law

1. A law is proposed and discussed in the cabinet

2. If the it is agreed upon the government lawyer draft a bill (first draft)

3. The draft is given to the members of the House of Representatives

4. The responsible minister describes and purpose (second reading), Then there is a vote

5. The bill is debated again bit by bit while making changes (committee stage)

6. There is a third reading then a vote is passed and goes to the senate

7. Steps 3-6 then occur again in the senate then sent to the Governor - General

8. Governor - General meets with select members and the bill is signed

How is criminal law cases written

Rex/Regina v defendant

How is civil law written

Plaintiff v defendant

What does civil law do

Allows people to sue others for a sum of money to compensate for damages

Law of tort

• Negligence

• Defamation

• Nuisuance

• Trespass

What is crime

Crime involves behavior that is considered unacceptable by law

How do laws reflect change

When societies views change the laws change with them

Who are politically active citizens?

People who are aware of societies and call for actions

Ways to keep politically active

• Keep informed

  • Read articles

  • Lobby (influence politicians

• Cyber activism

  • Signing petitions

  • Posting

What is a youth advisory council

Group of people aged between 12 - 17 who are apart of a council that allows for them to have a political voice

What is the aim of the constitution

The constitution aims to make sure politicians can’t just take more power

Steps to change the constitution

• Approved by both houses

• Within 6 months of being approved a vote must me held

• The government must provide reasons for voting yes or no

• Referendum is held asking a yes or no question

• For it to pass there must be a double majority

• The Governor General gives the final approval

What is a double majority

• Majority of state

• Majority of people

Where do constitutional proposals come from

• State governments come together

• Societal pressure

• Federal inquiry

What is a democratic system

All people have equal rights and power rests with the poeple

Basic principles of the political system

• Head of state and head of gov must be different people

• Bicameral system - 2 houses

• 3 sections of gov - parliament, courts, administers of law

• Separation of powers - all section to be separate

Types of gov

• Communism

• Monarchy

• Autocracy

• Anarchy

• Socialism

• Fascism

What is communism

No private ownership + the gov owns everything

What is a monarchy

One person has all the power

What is autocracy

When one group holds all power (opposite of democracy)

What is anarchy

No government + no laws + no law inforcment

What is socialism

Focus on equity + social welfare

What is fascism

Strong centralized power with no opposition + aggressive nationalism/anti-communism

Who has to be enrolled to vote

Citizens above 18 years of age

Who may be denied the right to vote

• The mentally unsound

• Those convicted of treason

• Prisoners serving a 3+ year sentence

How do you vote ‘first past the post’

People vote by placing a one next to the person that they want

How do you vote ‘preferential’

Order candidates from most to least preferable

How do you vote for the ‘house of reps’

Order all candidates and a candidate must win the absolute majority

How to vote above and below the line

• Above the line - need to number at least 6 boxes in order of preference

• Below the line - Need to number at least 12 in order of preference

What are pressure groups

People who join together on a common issue to pressure change

Examples of pressure groups

• Australian council of Trade Unions

• Australian industry group

• Australian council of social services

• Australian conservation foundation

What are some strategies of pressure groups

• Protest marches

• Letters/emails

• Petitions

• Staged media events + publicity campaigns

• Meeting with politicians

• Making recommendations to the gov (lobbying)

• Establishing boundaries

• Standing for election

What are some examples of Australian citizens rights

• Freedom of religion

• Freedom to leave the country

• To have trial by jury

• Work for the armed forces

• Protection from discrimination

What are some examples of Australian citizens responsibilities

• Citizens of 18 to register for the electoral roll

• Pay taxes

What are the roles and responsibilities of political parties

• Parties must be registered with the Australian Electoral commission

• Parties have the ability to influence decisions

• Providing options

3 levels of government

1. Federal

2. State

3. Local

What are the 2 houses in the federal parliament

• The upper house (senate)

• The lower house (House of Reps)

Who does the federal government govern

All of Australia

What are the responsibilities of the federal gov

• Air travel

• Currency

• Defense

• Foreign affairs

• Immigration

• Medicare

• Pension

• Postal services

• Social security

• Taxation

• Telecommunications

• Trade and commerce

What are the houses in the state government

• Upper house (legislative council)

• Lower house (legislative assembly)

State gov responsibility

• Aboriginal welfare

• Community service

• Education

• Health

• Law and order

• Public transport

• Agriculture

• Fishing

• Emergency services

• Environmental protection

• Sports

• Roads

• Railways

• Industrial relations

Can local councils make laws

No they work under state legislation and can only make rules

What are local governments responsible for

• Sewerage

• Parks

• Libraries

• Swimming pools

• Town planning

• Rubbish collection

• Streets

• Bridges

• Pet registration

When was the Australian labor party formed

in the 1890s when unemployment was at a high

Which party do trad unions tend to have a strong link with

Labor party

Main aims of labor party

• Ensure even share of wealth and power

• Provide jobs for everyone who want work

• Abolish poverty + improve standard of living

• Ensure everyone can obtain the things they need

When was the liberal party formed

1944

What are the main aims of the liberal party

• Encourage private businesses

• Minimize gov interference and minimize taxes

• Just and humane society

What was the national party founded

1914

What are the main aims of the national party

• Strong and local community representation

• Ensure decent health, safety, social and economic welfare

• Promote individual achievement

When was the Australian greens formed

1922

What are the main aims of the Australian greens

• Protect and preserve environment

• Ensure everyone is treated fairly

• Create a safe, fair and harmonious world

• Ensure society is governed by the people

What are independents

Don’t belong to any party meaning parties bargain with them to gain a majority