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Define law
Law is a broad term that is used to describe every piece of legistration in Australia
What are the four roles of the law
Establish boundaries, protection, freedom and resolving disputes
Provide an example of 'Establish Boundaries' for the roles of law
Drink driving as it poses a risk to other drivers on the road
Provide an example of 'Protection' for the roles of law
Things that you cannot do, such as murder, assault or robbery
Provide an example of 'freedom' for the roles of law
Things that you can do, such as own and operate a business, drive a car and get married
Define 'legal capacity'
The ability for a person to do certain things under the law. It gives you a certain amount of freedom, however, there are responsibilities that come with it
Explain what 'doli incapax' means
It is a latin term meaning 'incapable of wrong'. This means that a child that is under a certain age cannot be charged as they don't know what is right or wrong. They cannot be held legally responsible for their actions, therefore, cannot be guilty of an offence
With reference to the James Bulger case, explain why the offenders were charged with murder despite being 10 years of age
In the UK, it is legal for them to be charged at the age of 10. Additionally, through the interviews conducted, the two offenders knew the difference between good and bad actions
Identify what the law allows you to do when you are 18
Gamble, marry, drink alcohol, vote, get a tattoo
Identify what the law allows you to do when you are 16
Youth allowence, engage in consental sex, get a learner driver permit
Identify what the law allows you to do when you are 17
Get a provisonal driver licence
Identify what the law allows you to do when you are 10
You can be charged and taken to court if the police believe you broke the law
Define anarchy
A state of disorder resulting from the absence of laws and government. This often occurs after a nautral disaster because law enforcement agencies no longer exist or are unable to enforce laws. Anarchy is often characterised by violence and looting
Give an example of anarchy
An example was the 2021 Capitol building riot as the police barely intervened and openly let protestors in. Hence, causing disorder and violence.
Define tyranny
Rule by a single leader holding unlimited power over the people in a country or state. This means that the rule of law is absent.
Give an example of tyranny
An example is Kim Jong-un. He is a tyrant that has complete control over the control and the media. He gives his people little to no freedom and manipulates the media.
Explain how the Capitol Hill Riot in 2021 demonstrates anarchy
Capitol Hill Riot demonstrates anarchy as Trump supporters caused disorder and police enforcements did not retaliate
Explain how the Solomon Island Riots in 2021 demonstrates anarchy
These riots caused fire and destruction within the community
Where do Australia's laws come from?
The Commonwealth Parliament. It was based on the British laws brought out by the First Fleet.
What is Aboriginal customary law?
They were oral laws that outlined the correct or appropriate way of living
Define 'kinship'
A complex system of values and culture, inextricably linked to the land of people
How did Aboriginal people know what their laws were
Through oral laws that are passed through customs and rituals
How was a 'trial' of an accused person conducted in Aboriginal laws
It is conducted by an elder that knows the customers administered this law will witness the meeting whom committed the offence and the person who was affected. They then will decide a punishment.
What types of punishment were used in Aboriginal laws?
It ranged from being banished from the tribe to death
Describe Local Court
Bottom of the hierachy, it has no jury but instead a magistrate. It deals with minor criminal and civil cases
Describe Drug Court
A court that tries to provide long-term solution for offenders who use drugs (and is addicted) and encourge them to quite (rehabilition) and gain employment to reduce the need to commit crimes
Describe Coroner's Court
Investigates deaths by unnatural causes in order to determine the identity of the deceased and the date, place, circumstance and medical cause of death. This special local court that investigates the cause and origin of fires or explosions
Describe Children's Court
Deals with cases involving the care and protection of children and young people. It also deals with criminal cases involving children and young people committnig offences when uner the age of 18. Additionally, it has a magistrate
Describe District Court
'Middle court', cases are heard by judges. Deals with more serious civil cases for claims over $100 00 to $750 000 and all motor vehicle accident cases. Also it deals with armed robbery and manslaughter, criminal juristiction
Describe Supreme Court
Deals with most serious cases such as murder, treason and serious sexual assault. Deals with teh most serious civil cases involving more than $750 000. The supreme court can impose a wide range of sentences
Describe High Court
A federal court that hears cases concerning the interpretation of the constitution and creates laws that then affect the powers of the paliament. Additionally, it shifts the balance of power towards the Commonwealth
Describe Family Court
It helps to resolve complex family law matters such as divorce, custody, parenting disputes and the division of assets when the couples separate
Define Appellate jurisdiction
The power of court to hear an appeal from a lower court
Outline the role of the Judge
He or she listens to the arguments presented by the prosecution and defence. If a jury announces guilty, the judge will decide the punishment
Outline the role of the Jury
Ordinary people who decide if they believe the evidence that is presented and tehn decide if they are guilty or not
Outline the role of the Prison Officier
Provide security for the court
Outline the role of the Accused
The one who is charge, sits and hopes they are not guilty
Outline the role of the Media
Observe proceedings so they can report that happens
Outline the role of the Prosecution
Has to convince the Jury that the accused is guilty. In civil cases, a barrister will act behalf of the plaintiff. Their purpose is to try to give their client compensation
Outline the role of the Defence
Basically tries to prove the accused is guilty. Presents arguments to try and lessen the punishment. If the accused pleads not guilty, the defence counsel must convince the judge that thier client is innocent
Outline the role of the Witness
Give evidence
Which court does a magistrate preside in?
Local court or specialist courts such as Children's court
Define 'common law'
Law made by judges, 'Judges-made-law'. The decisions and sentences of judges becomes a binding for future cases. Common law is used on a case where there is no existing law that regulates it or previous decisions made on a similar case.
Define 'precedent'
Decisions that are made to allow somewhat consistent decisions for cases alike. This helps the legal system achieve fairness and justice as similar cases and dealt with the same way
What is the purpose of precedent?
To help the legal system achieve fairness and justice as similar cases and dealt with the same way
Define 'statutory interpretation'
Laws that courts make from the interpretation of laws made by the parliament. They make interpretations as laws made by the parliament often use complicated language and is broad to cover as many possible situation.
Explain the importance of the case Dongohue v Stevenson (1932)
It created the basis of sueing people. It also laid the foundation of the modern law of negligence in common law jurisdictions worldwise and it established the general principles of duty and care
Define 'statue law'
Laws created by the Parliament and must be obeyed by all people. It is also known as legistration and an Act of Parliament
Define the 'constitution'
A document that outlines the powers of the parliament and any restrictions to its law-making authority
Outline the role of the constitution
It provides a framework for government and law. it details the roles of executive government and the High Court of Australia, some rights of Australian citizens such as religious freedom. It also sets out how the Australian and State Parliament share the power to make laws
Briefly outline the steps involved in passing a bill through parliament
Step 1. A proposed new law or changed law is discussed in the cabinet Step 2. The government laws will draft a bill, also known as the 'first draft' of an act Step 3. First-reading copies of the bill is given to all members of the House of Representives to read Step 4. The second reading takes place where the responsible minister will outline the main purpose and benefits fo the bill. Then the government and oppositions will debate. Then a vote happen. Step 5. The bill is debated again, bit at bit, the process is called the comittee stage. It happens at the parliamentary committes. Step 6. The bill will be put to a vote then if majority votes yes, it goes to the Senate Step 7. Similar processers of Step 3 to 6 occurs in the Senate. If changes are made, it will be sent back to the House Of Representitives. If the Senate votes to approve, it gets sent to the Governer General Step 8. Governer General signs it so it is now a legal act.
Define 'criminal law'
Deals with how people should behave and outlining what they can or cannot do. It includes offences such as armed robbery, murder, drink-driving, fraud, rape and shoplifting
Describe 'indictable offences'
Serious offences that require a judge and jury in court
Identity two examples of indictable offences
Armed robbery, murder
Describe 'summary offences
Minor criminal offences that can be dealt by a judge/magistrate and no jury
Identitfy two examples of summary offences
Low-range drink driving and shoplifting
Define 'actus reus'
'guilty act'. Evidence that the accused did commit a crime
Define 'mens rea'
'guilty mind'. Evidence of the intent of the accused committing the crime
Define 'standard of proof'
The requirement that both elements of an offence (mens rea and actus reus)
Define 'burden of proof'
The requirement for the prosecution to prove their point
Define 'beyond reasonable doubt'
The standard of proof required in a criminal trial
Identitfy the standard of proof required in a Criminal Trial
Beyond Reasonable doubt
Identitfy the standard of proof required in a Civil Trial
Balance of probabilities
Briefly outline what community service is
Must do unpaid community work
Briefly outline what fines are
Payment of money for breaking the law
Briefly outline what weekend detention is
A person most spend the weekend in jail but is allowed to go home on weekdays. This allows the offenders to keep their job
Briefly outline what bond is
You must be of good behaviour for a set amount of time or you will forfeit a sum of money and may receive the original sentence as well as any new offences
Briefly outline what imprisonment is
Must spend time in jail
Briefly outline what capital punishment
Sentence to death
Outline the role of the police
To ensure and enforce peace within a community. They enforce laws in society
Describe the role of the NSW Police
A law enforcement agency in NSW. They carry out general law enforcement duties throughout the entire state to ensure order in our society. Their role includes the prevention, detection and investigation of crimes, monitor and promote road safety and maintaining social order
Describe the role of the AFP (Australian Federal Police)
A federal enforcement agency under the Commonwealth Government. The AFP's responsibilties includes preventing, investigating and enforcing Commonwealth legistration, protecting natural security and protecting goverment interest overseas. Furthermore, to assit neighbouring countries such as Papua New Guinea in law enforcement and delivering law enforcement training.
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