LEGAL

  1. Define the following terms:

Procedural fairness: The concept of fair and equal trial which promotes natural justice, transparency and equal allocation in resources when each side presents its case.

Prosecution: The government attorney charging and trying the case against a person accused of a crime.

Defendant: The party who is prosecuted

Plaintiff: The individual, organisation or corporation who/ which applies to the court to start legal proceedings another person or person.

Judge: Public official vested with the authority to hear, determine and preside over legal matters brought in a court of law.

Precedent: Judge made laws that creates a common set of legal principles.

Anarchy: Absence of government.

Tyranny: Arbitrary or despotic government; severe and autocratic exercise of sovereign power, either vested constitutionally in one ruler, or usurped by him breaking down division and distribution of government powers.

Constitutional law: Basic or fundamental law, whether statutory or common law, governing the legislative, executive and judicial functions of a state.

Tort law: The law concerned with private wrongs and breaches of rights.

Appellate jurisdiction: Appeals from the decisions of a single judge of the Federal court exercising the original jurisdiction of the court, either interlocutory/ final.

Original jurisdiction: The right of a court to hear a case for the first time.

  1. Discuss terra nullius and its relationship to Native title.

Terra Nullius is the law of recognising land that is legally deemed to be unoccupied or inhabited. Due to the Mabo case, the new doctrine of native title replaced a 17th century doctrine of terra nullius.

  1. Discuss rights and responsibilities. 

Rights: A moral or legal entitlement to have or do something e.g. the right to be able to drive and the right to life and liberty.

Responsibilities: The obligation to answer for an act done and to repair any injury it may cause. Two examples include; to make decisions concerning the day-to-day care, welfare and developments of a child and hospitality businesses needing to comply with work health and safety laws and employers for staff.

  1. In Australia, who is responsible for law enforcement responsibilities?

The Australian Federal Police (AFP). The AFP responsibilities include to enforce the Commonwealth law, contribute to the combating complex, transnational, serious and organised crime impacting Australia nationals security and to protect commonwealth interests in criminal activity in Australia and overseas.

  1. Distinguish between civil and criminal cases. Provide e.gs

Civil: In the local court, civil cases are disputes about money or property e.g unpaid bills, damages to motor vehicles or when a citizen/ corporation sued another citizen for not living up to contract in state court, however civil cases can also occur in federal court with the plaintiff and judge. The federal court can also be involved with civil cases and suits in federal statutes or constitutional rights. For example, the federal government can sue hospitals for overbilling medicare and medicaid- violating federal statute.

Criminal: A person accused of a crime is generally charged in a formal accusation called an indictment (for felonies/ serious crimes) or information (for misdemeanours). When a court determines an individual committed a crime, that person will receive a sentence. This is issued by the Magistrates Court.

  1. Same question as 5.

Civil: Claim > 28 days to respond > court prep/ process before hearing > hearing > hearing > judge decides.

  1. Describe the UN. established? Role? General assembly? Security council?

The United Nations (UN) is a body of intergovernmental purpose that maintains international peace and security, develop friendly relations among nations, achieve international cooperation, and be the centre for harmonising the actions of a nation. They were established on 24th October 1945 after the devasty of WW2, they are creators of the universal declaration of Rights. The UN General assembly are the main policymaking body of the UN and are the main deliberative and representatives of the organ of the UN consisting of 193 member states of the UN.

The security council is composed of representatives from fifteen member countries. They ensure international peace and security recommending the admission of new UN members. The main 5 permanent members include: US, UK, China, Russia and France.

  1. Does the UN have power to make states enact resolutions into domestic laws?

No, the UN only gives power to the General assembly to initiate studies and make recommendations to promote the development and codification of International law.

  1. Discuss TWO methods of dispute resolution

Mediation: A way of resolving disputes between an independent person, known as mediator to assist the parties to identify and assess options and negotiate an agreement to resolve a dispute.

Arbitration: Dispute resolution process in which parties can engage an arbitrator to make a determination to resolve their dispute.

  1. Discuss the law reform and TWO emerging technological issues.

Law reform is the process of examining existing laws and advocating and implementing change in a legal system.

 Facial recognition and cyberbullying are two forms of technological issues. Cyberbullying is more of a constant and longer lasting form of bullying that occurs online and most of the time the perpetrator is unknown and wants to seek power and attention. It makes the victim feel a sense of feeling trapped in the technology. E.g abusive messages and trolling. A case from the effects of Cyberbullying is “Dollys Law”. “Dollys Law” is about a social media campaign that passed through parliament due to the huge impact of the media and public attention towards the case- where a young 14 year old schoolgirl Amy “ Dolly” Everett took her own life in January 2018 due to cyberbullying. This law clarified the existing crimes Act to make clear that online activity and text messages can amount to stalking/ intimidation, these changes cover conduct by juveniles and tougher penalties.

Facial recognition referred to the Identity-matching services bill 2019 and Australians Passports Amendment (identity-matching services) bill 2019. This bill, however, has not been passed through parliament. This bill empowers the department of Home Affairs to build resources for the distribution of facial images and identity information organisations. This can be used as an ‘investigative tool’ to identify people with criminal activity. It can be seen as an overuse of power and goes against the individual's right to privacy.

  1. What are the legal responses to Port Arthur?

In response to Port Arthur, PM at the time John Howard quickly changed gun laws. Howard introduced these restrictions with gun laws;

  •  Howard bought 650 000 guns to be destroyed
  • gun ownership became a privilege- not a right
  • semi- auto weapons must be controlled
  • all guns must be registered
  • guns to be stored securely
  •  introduced a 28-day cooling period on buybacks.
  1. What are the non-legal responses to Port Arthur?
  • Plenty of media attention- media impacts public opinion
  • Government and NGO assistance for victims on and after the day was provided
  • The Allanah and Madeline Foundation was founded in memory of 2 of the children victims of the massacre and this goes to protecting children from violence.

Conclusion

  • The gun law reforms were highly effective but the problem of illegal unregistered firearms still remains
  • Australia’s gun laws and enforcement methods need constant review to ensure they stay abreast of changing national and international trends.