Assessment 1 2025 commerce year 10 Flashcards
What are the four main reasons for having laws
To keep everyone safe
To settle disputes
To protect rights
To keep standards
Name the four main courts in Australia and put them in of importance?
High court
Supreme court
District court
Local court
What is heard in the lowest court?
Road incidents and minor disputes
and anything under $100,000
Who runs each court level?
Top 3 judges and local is a magistrate
What is statute Law?
Law made by parliament.
What is the difference between civil and criminal law?
Civil law is privet and person vs person whereas criminal law is public and is people vs the public
What types of law are these - negligence and Trespass?
Tort laws
How does a bill become a piece of legislation in the state government?
A draft is made that then goes to the lower house the draft has 3 readings there. If it passes it goes to the upper house. It has 3 readings there if it passes it will then go to the governor, if they say yes it then becomes a state law.
What does the tipstaff do?
Bring in the tipstaff to the front of the court room which signals court may start.
How many people on a jury?
12
What is involved in empanelling a jury?
Choosing 12 people in groups of 300
When is the balance of probabilities used in a court room?
to prove guilty In civil cases
What is the difference between the defendant and the plaintiff?
The plaintiff is the person or organization who initiates the lawsuit, while the defendant is the person or organization who is being sued and is defending against the claims.
What is the difference indictable offence and summary offence? Give an example of both.
Indictable offence - criminal charge eg murder asssult and drink driving
Summary offence - civil charges eg negligance tresspass and nuisance
Why doesn’t the jury decide the punishment in a court case?
They aren’t lawyers
Which court would a murder trial take place?
District to start but it can go up from there.
What is a precedent? How and why are they used in a court of law?
Punishment that matches the crime from before. (25 years life in prison for murder)
How can the law sometimes not be fair for everyone? Give 3 examples.
Distance, language and cost
What is nuisance? Give two examples
Nuisance are things that are repetitive and annoying or a lack of care e.g. mowing a lawn at 5am or playing really loud music at 2am
What type of crime is Fraud? Explain what type of crime this is and give an example.
Taking money under false pretences. Fraud is criminal
The Aboriginal people had laws based on What???
Kinship
How could Customary law be incorporated into today’s legal system?
Customary law can be incorporated into today’s legal system through federal legislation, government and Indigenous group collaboration, and by modifying existing laws and procedures to accommodate customary practices, such as in sentencing and family matters.
Are all laws the same in every country? Explain your answer.
No because of different cultures and beliefs
Name the three levels of government in Australia and explain the responsibilities of each. Give a specific example of each.
Federal - Post, telephones and the internet Money, Immigration defence
State - Public transport, Schools, Hospitals Policing
Local- Rubbish collection and recycling Parks, sports fields and swimming pools Pet control Parking
Who is the leader of each level of government ( Title and actual name).
Priminister - Anthony Albonesy
Premier - Chris Mince
Mayor - Phillip penfold
Why do laws change over time? Give two reasons
Technological and society changes
What branch of the law does Administrative law fall under?
Public and criminal
Slander is a tort law? T/F Give an example of a slander case.
True, the Rebel Wilson case
Which court hears appeals from the District Court?
Supreme
What would the Grey Lobby group of Australia be pressuring the government to improve? Why?
To improve the pension plans and recreational opportunities for the elderly
Each cabinet member of Federal Parliament has specific portfolio. Explain what this means ??
Special areas of responsibility e.g. roads
32) There are two types of voting systems used in Australia. What are they called?
Preferential Voting – Used for the House of Representatives. Voters rank candidates in order of preference.
Proportional Representation – Used for the Senate. It distributes seats based on the proportion of votes received.
What type of question is asked in a federal referendum?
Yes or no questions
Explain how a democracy works?
A democracy is a system of government where people have the power to choose their leaders and make decisions through voting. Citizens vote in elections to pick representatives who make laws and decisions on their behalf. It ensures fairness, freedom, and equality, giving everyone a voice in how the country is run.
What is fascism? Give an example from history.
Fascism is a political system where a dictator or a single party has total control, and individual freedoms are limited. It often includes nationalism, military power, and suppression of opposition.
Example: Nazi Germany under Adolf Hitler (1933–1945) is a well-known example of fascism.
What is the difference between “ beyond a reasonable doubt” and “the balance of probabilities “???
The difference lies in the level of proof required in legal cases:
* “Beyond a reasonable doubt” – Used in criminal cases. The prosecution must prove the accused is guilty with almost no doubt in a reasonable person’s mind.
* “The balance of probabilities” – Used in civil cases. The plaintiff must show that their claim is more likely true than not (over 50% likely).
What type of system is Australia’s legal system based on ?
Adversial system 1v1
What do you call the judge in each court room?
Your honour
Who decides the punishment for a serious crime?
judge
What is a verdict?
A verdict is the final decision in a legal case, stating whether the accused is guilty or not guilty in a criminal trial or who wins in a civil case. It is usually decided by a jury or a judge.
What is bail?
Bail is when a person accused of a crime is released from custody while waiting for their trial.
What is a non-parole period? Explain.
A non-parole period is the minimum time a convicted person must spend in prison before they can apply for parole (early release under conditions).
how many years is in a life sentence in Australia?
25 years
Why is voting compulsory in Australia? Two advantages.
Voting is compulsory to ensure high participation and a fair democracy.
Advantages:
1. Stronger representation – The government reflects the will of the majority.
2. Political engagement – Encourages citizens to be informed and involved in politics.
In civil law, what does it mean when you sue for compensation?
It means you are seeking money or damages from someone who harmed you, whether financially, physically, or emotionally.
Who usually pays for the legal costs of a trial?
- In criminal cases, the government covers prosecution costs, but the accused pays for their defence (unless they qualify for legal aid).
- In civil cases, the losing party usually pays the legal costs of both sides, unless the court decides otherwise.
What is the difference between the accused and a defendant?
- Accused – Used in criminal law for someone charged with a crime.
- Defendant – Used in both criminal and civil law for the person responding to charges or a lawsuit.
What does the plaintiff do in a court room?
The plaintiff is the person who brings a civil case to court, claiming they were wronged and seeking compensation or a legal remedy.
When a lawyer work on a case
A lawyer gathers evidence, researches laws, prepares arguments, and represents their client in court to defend or prosecute a case.
What is nuisance? Name one in Mr Wall’s commerce class?????
Something that is annoying or useless. Jaz and abirmi constantly talking while your trying to think.
