Commerce (Term 1) - Legal studies class quiz

4 main roles of law

Establish boundaries, protection, freedom, resolving disputes

Establish boundaries

The toleration of actions

Protection

The safety of all in society

Freedom

Allows for actions and learning

Resolving disputes

Prevent people from taking law into their own hands

Law

Laws are 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

Laws have changed due to

technological development, political changes, social values, new concept of justice etc.

New South Wales and Voluntary Assisted Death

Allows eligible people to quicken death process through euthanasia

Jurisdiction

The power to make decisions and judgements

Magistrate

Court official who hears cases in the lowest court of law

Committal 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 only be heard and decided by a magistrate in local court

Local court criminal jurisdiction

Committal hearings, hears summary offences, hears applications for Apprehended Violence Orders (AVOs)

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 a jury

District court criminal jurisdiction

Deals with indictable offences, issues harsher punishments

District court civil jurisdiction

Deals with 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 (unlimited jurisdiction)

Supreme court civil jurisdiction

Hears cases with claims over $750,000

Federal court jurisdiction

Intellectual property, competition and consumer law, migration and citizenship, corporation and securities, native title.

High court

Hears appeals from the highest courts in each states (all decisions made are final)

Court system (low→high)

Local, District, Supreme, Federal, High

Children’s court

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

Children’s court - The Family division

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

Children’s court - The Criminal division

Hears matters relating to criminal offending 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

Coroner’s court jurisdiction

Authorises a police officer to enter any place to gather evidence of a death

Family court

Deals with family law matters like divorce, child custody, child support etc.

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 trials unfold in their court rooms. they are impartial decision 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 guilty.

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 judge

Juries

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

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 relates

Statute law

Laws created by parliament and must be obeyed by all

Constitution

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

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. If one fails to carry out their side of the agreement, they may be sued for breach of contract

Legally binding contract includes:

Offer, acceptance and consideration (a.k.a the mutual gain)

Family law

Regulates family relationships, setting out rules about the process of getting married, de facto etc.

Property law

Recognises two broad types of property; real property (land and buildings) and personal property (goods and services)

Tort law

One person infringes the rights of another resulting in distress or injury. The person affected may claim financial compensation from the other party for any loss suffered

Negligence

Where a person fails to take reasonable care and as a result, injures another person. To prove negligence, duty of care would have needed to be owed

Defamation

Where a person injures another person’s reputation

Nuisance

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

Trespass

Where a person interferes with another person, or that person’s 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 SOCIETY AS A WHOLE

Constitutional law

Set of rules by which a country is governed, concerned with the power and authority of the government and the rights of each citizen

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 an orderly society

Men’s rea

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

Actus reus

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

Murder

Act or omission by an 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 and/or 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, and may result in the person responsible being punished less severly

Aggravating factors

Circumstances of factors make a bad action harder to understand

Domestic law

Relates to laws which already exist in a citizen’s country. If broken, one reports to the country’s legal system

International law

Developed via treaties and conventions between countries

Treaty

Form of contract between two parties

Charter of the United Nations

Establishes and enforces international laws

Peacekeepers

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

Accessibility of the law - Cost

Not everyone can afford legal advice and representation

Accessibility of the law - Time

The prospect of a lengthy trial is another barrister to equal access to the law

Accessibility of the law - Procedures

Limited knowledge of the law, may not be aware of rights and responsibilities and court protocol may be intimidating

Accessibility of the law - Language

If English is not someone’s first number, the may struggle with understanding the court hearing

Accessibility of the law - Distance

To fufill court duties people may need to go to a range of establishments such as lawyer offices, police stations etc.

Lady Justice features

Sword = Punishment, Blindfold = Unbias, Scales = Treats fairly

Alternative dispute resolution (ADR)

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

Community justice centres

Civil dispites can be quickly and inexpensively resolved with the help of a free CJC mediator who is trained to help people in dispute find a solution. Mediation can be used even if a court case is proceeding and if an agreement is reached, the court case is ended, saving time and money.

Legal aid

Legal Aid NSW provides legal advice and representation to people on low incomes or with few assets, who would not otherwise to be able to afford court proceedings

eLaw websites

Laws are often are complex and you may find the legal system confusing. Therefore, when you have a legal problem you may require help, especially if you are required if you are required to appear in court