commerce law terms

Law

a set of enforceable rules that provide guidelines for society

Main Roles of Law

establish boundaries, protection, freedom, resolve disputes

Legal capacity

the ability for a person to do certain things under the law

Doli incapax

a latin term meaning 'incapable of wrong'; the presumption that children under a certain age cannot be held legally responsible for their actions, therefore cannot be guilty of an offence

Anarchy

not enough rules, and a lack of law enforcement and government which results in a state of chaos and disorder. violence and looting occur and no control over citizens. E.g. 2005 Cronulla Riots

Tyranny

too many laws, the rule of a single leader with unlimited power. E.g. Hitler in Nazi Germany

Australian Law Origins

laws brought by British settlers, laws from Indigenous Australias prior to settlement

Aboriginal customary law

a complex set of rules that outlined the correct and/or appropriate way of living

Kinship

a system of values and culture, unable to be separated from the land

Local Court

lowest level, one magistrate and no jury. summary offences, cases up to $100,000, committal hearings.

Coroner's Court

Same level as the local court. cases that investigate causes of unexplained/suspicious deaths, and deaths caused by fire.

Children's Court

Same level as the local court. summary and indictable offences for under the age of 18 except murder.

District Court

Intermediate court. Judge and jury (judge decides sentence, jury decides verdict). Summary and indictable offences, appeals from Local Court

Supreme Court

Highest Court in NSW. cases over $750,000, hears appeals from District Court

High Court

Highest Court in Australia. Hears cases about interpreting the constitution and laws. Judges are called justices, no jury

Family Court

Resolves family matters such as divorce, custody cases and the division of property upon separation

Drug Court

Helps drug offenders in being free of their substance abuse and gaining employment

Appellate jurisdiction

the power of a court to hear appeals from lower court cases if the original jurisdiction is not accepted

Judge

listens to arguments, decides sentece

Jury

Anyone on the electoral roll, decides the verdict of the case

Prison officer

from the prison where the accused is held, for supervision

Accussed

the person who is on trial for a cime

Media

observes proceedings and reports it

Prosecution

convinces the jury that the accused is guilty

Defence

represents the accused, argues to prove their client is innocent or to lessen the sentence

Witness

gives evidence to support an argument or for extra information

Common law

Law made by judges when there is no existing law or previous decision on the case. Binding on future cases

Precedent

The expectation that everyone is treated the same to achieve fairness and justice

Purpose of precedent

promote consistency and fairness in decision making

Statutory interpretation

how courts and judges interpret the words in law made by Parliament. Once the judge interprets it, it is law and must be followed by lower courts.

Donoghue vs Stevenson

the established modern law of negligence and the principle of duty of care

Statute Law

Law made by Parliament, involves parliament passing a bill, succeeds over common law

Constitution

a document that outlines the parliament's powers

Role of the constitution

provides a framework for government and law, outlines the power of each court

Criminal law

an act or omission against that community that is punishable by the state

Indictable offences

a major crime tried by a judge and jury in District or Supreme Court. e.g. murder, armed robbery

Summary offences

a minor crime that is tried by a magistrate in Local Court. e.g. speeding, low-range drink driving

Actus reus

a latin term meaning 'guilty act'. must prove the act occurred and was committed voluntarily by the accused

Mens rea

a latin term meaning 'guilty mind'. must prove intent, recklessness and/or criminal negligence

Standard of proof

on the prosecution, proof beyond reasonable doubt

Burden of proof

on the prosecution, prove with evidence that the accused committed the crime

Bond

the offender is on good behaviour, or they forfeit a sum of money and tried for the original and any new offences

Role of the police

uphold the law and promote a safe and orderly society

Role of the NSW police

to work with the community to reduce crime and violence and improve public safety.