Commerce: Law, Society, And Political Involvement.

Local Court Civil Claim Limit

up to $100, 000

Local court criminal cases

minor offences like stealing, drunk-driving, and assault.

who runs the local court

a magistrate, no jury.

what is a commital hearing

Magistrate decides if substantial evidence exists for an indictable offense trial.

A Magistrate can typically also:

• Hear applications for Apprehended Violence Orders (AVOs)

• Issue arrest and search warrants

• And?

Hear bail applications

District Court civil claim range

$100,000 to $1,250,000, plus all motor vehicle accidents.

District court civil (criminal) matters

More serious crimes like armed robbery and manslaughter.

Who presides over district court

judge, sometimes jury for criminal cases

Supreme Court civil claim threshold

Most serious civil cases exceeding $1,250,000.

Supreme Court criminal jurisdiction

The most serious crimes like murder and treason.

The judgements of the Supreme Court are binding on all lower courts, meaning…

The District and Local Court System must obey the rules the Supreme Court sets.

The Supreme Court is located in Sydney, and run by the Chief Justice. However, judges of the Supreme (and District) Court can “go on circuit”, meaning….

They can hold sessions of their courts in major regional centres.

High Court role regarding the Constitution

It is the final umpire, interpreting its exact meaning.

High Court consists of…

7 judges consisting of the Chief Justice and 6 justices.

Children's Court jurisdiction (purpose)

Care, protection, and criminal cases for individuals under 18.

Childrens court privacy

It is closed to the public and media

Coroner's Court main function

Investigates unnatural deaths and the origins of fires and explosions.

What does the Coroner determine

Identity, date, location, circumstances and medical cause of death.

Family Court jurisdiction

Complex family matters including divorce, parenting disputes, and property division, as well as “you’re not the father”

Divorce requirement

Couples must be separated for 12 months before divorcing.

Drug Court purpose

Provides personalised treatment plans, regular testing, and court supervision to help repeat offenders overcome addiction and stay out of crime. (The Drug Court Program)

Difference between Laws and Rules

Rules are expected to be obeyed, and the effects of not following are dependent on the situation. Laws are rules enforced by the police and courts.

Anarchy defintion

System with no government or rulers, nearly definite to result in complete chaos.

4 main roles of laws are:
Establish boundaries

Protect (via telling society what they cannot do)

ensure there’s a reasonable amount of freedom

And?

resolve disputes to ensure people don’t take the law into their own hands.

How are rules regarding morality and ethics typically created?

Through the beliefs, attitudes and values that often originate from a religion.

Witness box

A witness box is a designated, enclosed area in a courtroom where a witness stands or sits while giving oral evidence to the court.

Prosecutor (criminal case)

The person who is trying to convince the magistrate, judge, or/and jury that the accused (defendant) is guilty, or in a civil case, why their client should receive compensation (money) from the other party’s client. Can only do it if there is enough, reasonable, and reliable evidence that a legitimate conviction can happen.

How does a Prosecutor do it’s job?

Present legally allowed, strong evidence, use witnesses, and find flaws in the defendant’s case.

Conviction meaning

A person has been formally found guilty in court.

Who watches the trial but doesn’t contribute to the actual case.

Members of media and public

Sheriff Officer’s role in court

Ensure the safety/security of the courtroom by guarding the premises, scanning visitors, and maintaining order. They also look after the jury by managing their logistics and welfare, while handling the formal enforcement of court orders and warrants.

Other than a Sheriff’s Officer, what other officer is in a criminal trial?

Prison officer

Counsel for the defence team’s role (criminal trial)

Convinces the jury, judge, and magistrate that the accused is innocent. Same methods as Prosecutor.

Judge’s associate and Tipstaff roles

Both of them support the Judge.

• Associate is a trained lawyer who manages the paperwork.

• The Tipstaff helps the judge keep order in the court.

Aspects of the Judge

• Is addressed as “Your Honour”

• Listens to arguments from both teams

• Can’t ask questions to witness, only clarify what they say.

• Decides the sentence/punishment if the jury finds the defendant guilty

• Ensures the jury understands the proceedings and presented evidence.

Common Law

Law created by judges through their court decisions, rather than laws written down by parliament.

Precedent

A legal decision made in a past case that judges must follow when deciding similar new cases.

How may a judge use a precedent

A judge looks at previous cases with similar facts. If a higher court (like the Supreme Court or High Court) already made a ruling on that specific legal issue, the lower court judge must apply that same rule to their current case.

Why might a judge use a precedent

It ensures fairness, consistency, and predictability in the legal system. It makes sure that similar crimes or disputes are treated the same way, so people know what to expect from the law.