Commerce-Law Flashcards
4 roles of Law
Boundaries of acceptable behaviour
Protection from others actions and our own behaviour
Freedom to do many things by telling society what people can do
Resolving disputes to stop people taking the law into their own hands
What is Common Law
The decisions made by judges that become a precedent for other judges to follow
What is the Court Hierarchy
Local court - summary cases, civil cases up to $100000
District court - civil cases between $100000 and $750000. Armed robbery and burglary
Supreme court - murder, treason, serious sexual assault and civil cases over $750000
High court - cases concerning the Australian constitution and disputes between states.
Civil Law
Plaintiff
Defendant
Balance of probabilities
Damages
Criminal Law
Prosecution
Defendant
Beyond reasonable doubt
Punishment
Negligence
Person fails to take reasonable care and injures another person. Physically or mentally
Defamation
Person injures another persons reputation
Nuisance
Causes unreasonable interference with another persons rights to quiet enjoyment of their property
Trespass
Person interferes with another persons property rights
Statute law
Laws created by the parliament. Once a law is passed it is binding on all court and judges
Advantages of the jury system
Cross section of society, reflects society’s values and attitudes
Widespread acceptance of the jury system
The final decision is made by more than 1 person
Not controlled by the government
Ordinary citizens play a role in the administration of justice
Community understands the final decision
Reduces chance of bribery or corruption
Disadvantages of the jury system
People are exempt so it is not a cross-section of society
Ordinary people may not understand complex legal laws
They do not give a reason for their decision
Can be persuaded by skills of clever lawyers
Difficult for people to remain impartial
Cost a lot of money and lots of time to operate selection
Could be bias and influenced by their own prejudices
Private Law
Deals with how individual’s interact with other individuals; the rights and duties people have towards each other.
Public Law
Concerned with regulating people’s behaviour within society as a whole and protects the freedom of individuals. Also deals woth the conduct society expects from its state government.
Areas of the Law
Public: constitutional, administrative, criminal, industrial
Private: property, tort, contract, family
Sue
The bring civil action against another person for causing damage or injury.
Anarchy
Disorder or confusion do to the absence of government or laws
Balance of probabilities
The standard proof in civil trials
Beyond reasonable doubt
The standard of proof required in criminal trials
Kinship
Traditional indigenous rules that outline the correct way of living
Magistrate
A court official who hears cases in the lowest court of law
Military law
Rules applied to people in the armed forces
Precedent
A previous legal decision that serves as a rule or pattern in future cases
Reasons for Law
To make sure there is no anarchy. To stop disorder and confusion.
Assistance with accessing the law
Alternative dispute resolution Community justice centres Legal aid eLaw websites Pro bono work
Barriers to accessing the Law
Cost
Time
Procedures
Language
