Commerce Flashcards
Q: What is legal capacity?
A: Legal capacity refers to the ability of an individual to enter into legally binding contracts and be held accountable for their actions under the law.
Q: At what age are various rights and responsibilities granted by the law in Australia?
(minimum age of criminal responsibility) (consent to medical treatment
(voting, purchasing alcohol and tobacco, entering contracts).
A: Rights and responsibilities are typically granted at different ages: 10 (minimum age of criminal responsibility), 16 (consent to medical treatment), 18 (voting, purchasing alcohol and tobacco, entering contracts).
Q: Name some areas of law that affect young persons in Australia.
A: Criminal law, family law, employment law, education law, consumer law, health law, civil law, immigration law, housing law, social security law.
Q: What are the elements that must be proven for someone to be convicted of a crime?
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A: Mens rea (guilty mind), actus reus (guilty act), and causation (link between the act and the harm).
Q: What levels of responsibility apply to young people as the accused, a witness, or a victim?
A: As the accused, they may be subject to juvenile justice systems. As a witness, they must provide truthful testimony. As a victim, they receive special protections.
Q: When is a young person considered to be an adult in different criminal situations?
A: Typically at 18, but 17 for serious offences in some jurisdictions.
Q: What are appropriate punishments for a range of crimes committed by young people?
A: Community service, rehabilitation programs, fines, and sometimes detention in a juvenile facility.
Q: What is the impact of civil law on young people?
A: Civil law affects young people in areas like contractual agreements, consumer rights, and negligence claims.
Q: How might the same incident give rise to both criminal and civil action?
A: An assault can result in criminal charges and a civil lawsuit for personal injury.
Q: What is the capacity of a young person to enter into different types of contracts?
A: Generally limited, but they can enter into contracts for necessities like employment, education, and medical services.
Q: When can businesses be found negligent in a legal sense?
A: When they fail to meet a standard of care, leading to harm or loss for a young person.
Q: What are remedies for negligence?
A: Compensation (damages), specific performance, or injunctions.
Q: What is criminal law?
A: Criminal law deals with offences against the state or public and involves prosecution by the government, leading to penalties like imprisonment or fines.
Q: What is civil law?
A: Civil law concerns disputes between individuals or entities, resulting in remedies like monetary compensation or injunctions.
