Commerce (Term 4) - Yearly

4 main roles of law

Establish boundaries, protection, freedom, resolving disputes

Law

Rulings enforced by the justice system

Secular Society

Government and religion are separated

Morals

Personal code of standards

Values

Things we think are important

Ethics

Principles and rules of conduct that a society expects people to follow in order to act morally

New South Wales and Voluntary Assisted Death

Allow eligible people to quicken death process through euthanaisa

Laws are changed due to

Technological development, political change, change of social values, international laws, faliure of existing laws

Jurisdiction

The power to make decisions and judgements

Magistrate

Court official who hears cases in the lowest court of law

Commital hearing

A preliminary hearing, before a magistrate, to see whether a more serious charge should go to a higher court

Summary offences

Minor crimes which can be heard and decided by a magistrate in a local court

Local court criminal jurisdiction

Commital hearings, hears summary offences, hears applications for AVOs

AVO

Apprehended Violence Order

Local court civil jurisdiction

Claims up to $100,000

Jury

A group of 12 randomly selected citizens of a nation who decide on whether the accused is guilty beyond reasonable doubt

Appeal

An application for a legal decision to be reviewed

Indictable offences

More severe crimes which are heard and decided by a judge and jury

District court personell

Judges and a jury

Local court personell

Magistrate

District court criminal jurisdiction

Deals with indictable offences, issues harsher punishments

District court civil jurisdiction

Claims between 100,000 and 750,000 and motor vehicle accidents

Supreme court criminal jurisdiction

Deals with the most serious offences, impose a wide range of sentences

Supreme court civil jurisdiction

Hears claims over $750,000

Federal court of Australia jurisdiction

Intellectual property, competition and consumer law, migration and citizenship

High court jurisdiction

Hears appeals from the highest courts in each states

Children’s court

Deals with cases involving the care and protection of children and young people as well as criminal cases involving young people

The family division (children’s court)

Hears applications relating to the protection and care of children and young persons at risk and intervention orders

The criminal division (children’s court)

Hears matters relating to criminal offences by children and young persons

Dismissal with caution

Let off a charge with a caution

Good behaviour bond

A bond is a promise you make to the court to be of good behaviour for a certain amount of time

Probation

To be of good behaviour under supervision of a Juvenile Justice

Youth justice conference

A meeting is organised with a member of Juvenile Justice in which the accused will have to apologise to the victim for their actions and make it up to both the victim and community

Community service order

An alternative to prison which involves the offender doing voluntary work in the community

Control order

The offender will be required to serve a detention period

Coroner’s court

Deals with unnatural, sudden or suspicious deaths & identifies one’s cause of death

Coroner’s court juridiction

Authorises a police officer to enter any place to gather evidence, may retain the body of an investigated individual

Family court

Deals with family law matters like divorce, child custody, child support. responsible for hearing and determining disputes between family members

Family court jurisdiction

Operates as a federal court with national jurisdiction

Drug court of NSW

Provides long-term solutions for offenders who have been caught in the cycle of drug use and crime

Judge

Interprets the law, assesses the evidence presented and controls how hearings and controls how hearings and trials unfold in their court rooms, they are impartial makers in the pursuit of justice

Magistrate

Oversees court proceedings through hearing evidence, making decisions and deciding on appropriate sentences based on whether they deem an individual to be guilty or not guilt

Bail

Pay money to relieve charge, then after appeal, may receive money back

Solicitor

Handles the needs of a Barrister’s clients through communication and systemed filing details

Barrister

Act on behalf of their client during serious criminal cases in front of a jury and a judge

Juries

To be judged by a group of your peers who are impartial and unrelated

Juries for criminal cases

The jury’s decision must be unanimous to be satisfied beyond reasonable doubt

Juries for civil cases

The jury generally has 6-8 people and must also be unanimous

Legislative power

To make laws

Executive power

To carry out and enforce the laws

Judicial power

To interpret laws and judge whether they apply in individual cases

Legal precedents

Judges are bound to follow interpretations of the law made by judges in higher courts

Common law

Decisions given by judges, when no existing law exists

Statute law

Laws created by parliament and must be obeyed by all

Federal and state constitutions

Each parliament has it’s own constitution, a document that outlines the powers of parliament and any restrictions to it’s law making

Private law

Regulates and affects behaviour between individuals, families, businesses and small groups

Contract law

Set of laws concerned with legal agreements between 2+ people

Contract steps

Offer, acceptance and consideration

Family law

Regulates family relationships, setting out rules about the process of getting married

Property law

Recognises two broad types of property, real property and personal property. Provides regulations about the sale, leasing and hiring or property

Tort law

One person infringes the rights of another resulting in distress or injury

Negligence

Where a person fails to take responsible care and injures another person

Defamation

Where a person injures another person’s reputation

Nuiance

Where a person causes unreasonable interference with another persons right to quiet enjoyment of their property

Trespass

Where a person interferes with another person, or that persons property rights

Civil law

Deals with non-criminal matters, bringing action against other members of the public for a civil wrong done to them

Standard of proof

Balance of probabilities i.e it is more probable than not that what the person says happened is true

Public law

Regulates peoples behaviour within society and affects all of society

Constitutional law

Set of rules by which a company is governed

Administrative law

Deals with the decisions and powers of these government departments

Industrial law

Concerned with the rights and obligations of employers and employees

Criminal law

Keeps the community safe from harm to provide and orderly society

Men’s rea

‘Guilty mind’, the person accused had the intent to commit the crime

Actus rea

‘Guilty act’, the accused person actually committed the crime

Murder

Act or omission by the accused person, causing death to another person with the intention to kill

Manslaughter

A very serious type of assault, considered generally as unintentional, causing death to another person

Assault

An act that causes another person to apprehend immediate and unlawful violence

Break and enter

Entering a building by force, so as to commit a burglary

Robbery

The action of taking property unlawfully from a person or place by force

Drug supply

‘Knowingly taking part in’ a wide range of activities involved in the distribution/provision/sale of prohibited drugs

White collar crimes

The illegal, non-payment or underpayment of tax

Treason

The betrayal of one’s country often in terms of overthrowing authority

Public order offences

Swearing in public/drunk and disorderly

Traffic offences

A violation of traffic regulations

Mitigating factors

Circumstances of factors make a bad action easier to understand or excuse e.g age or remorse

Aggravating factors

Circumstances of factors that make an action harder to understand e.g repeat offences

Domestic law

Relates to laws which already exist in a citizen’s country

International law

Developed via treaties and conventions between countries

Treaty

Form of contract between two parties

Charter of the UN

Establishes and enforces international laws

Peacekeepers

Military and other personnel who help countries experiencing conflict create conditions for lasting peace and security

Accessibility of the law issues

Cost, time, procedures, language, distance

Lady justice sword

Punishment

Lady justice blindfold

Unbias

Lady Justice scales

Fair treatment

Alternative dispute resolution

Can solve civil disputes without going to court, involving the use of impartial legal representatives helping people to resolve disputes

Community justice centres

Civil disputes can be resolved with a free CJC mediator

Legal aid

Provides legal advice and representation to people on low incomes

eLaw websites

Resolve lack of legal knowledge

Pro bono work

Represent some clients for low fees on the basis that underprivileged members of society deserve representation