Commerce (Semester 1) Flashcards
What are laws?
A set of legal rules
Why do we need laws?
Without laws, anarchy could develop as people would be able to do as they want. However, law creates order, resulting in a peaceful society.
Outline the main roles of laws.
- To establish boundaries of acceptable behaviour
- Protect from the actions of others and our own behaviour
- To define freedom
- To resolve disputes via the legal system, in order to prevent people from taking the law into their own hands
What are the features of a good law?
- In the interest of the people
- Does not discriminate
- Reasonable, and not rigid
- Flexible
- Able to be enforced
- Known to the public
- Unoppressive
Why is “balance” important in the number of laws in a society?
- If society has too many laws, people’s freedoms are severely restricted.
- However, if there are too little laws society turns into chaos.
- Thus, balance ensures that order is kept while allowing freedom.
What are the origins of Australian law?
Our current legal system is based (largely) on the British legal system. The foundation of our legal system is the Constitution.
What type of legal system existed before the arrival of Europeans to Australia in 1788?
Kinship, used in Aboriginal law - kinship outlined the correct way of living in everyday situations (sharing food, marriage etc.)
What are the core set of principles that our legal system is based on?
- Fairness - decisions made on basis of known established rules
- Transparency - what happens in legal system can be seen and understood by general public
- Equality before the law - everyone treated in same way by legal system regardless of status
- Freedom from bias - decision maker must not have personal interest in decision
- The right to be heard - person who is affected by legal system’s decision has right to present views and facts that support evidence to decision maker before decision made.
What’s another name for the core set of principles that our legal system is based upon?
Principles of natural justice
Outline the role of the key institutions and individuals in our legal system.
- Parliament - alters law, upholds it
- Courts - uphold rule of law, resolve disputes and test and enforce laws
- Tribunals - reviews government administrative decisions
- Police - enforces Commonwealth criminal law
What does the Parliament do in our legal system?
Alters the law and upholds it.
What do the Courts do in our legal system?
uphold rule of law, resolve disputes and test and enforce laws
What do tribunals do in our legal system?
They review government administrative decisions
What do the Police do in our legal system?
They enforce Commonwealth criminal law.
What is empowerment?
strengthening the capacity of all people to exercise their rights and represent their interests, either as individuals or as members of a community
How do laws (and the legal system) empower individuals and groups in our society?
Laws and the legal system allow individuals and groups to improve or transform their social, political or economic situations.
Give an example of legal empowerment.
Legal empowerment of the poor allows them to utilise legal services to improve their economic situation and livelihoods, allowing them to alleviate or escape poverty.
What are courts?
a place where people can resolve disputes relating to law
What is the court hierarchy?
The variety of courts and tribunals at the federal, state and territory levels, organised into the severity of offences that they hear.
Describe the relationship of the courts within the hierarchy.
Local court -> District Court -> Supreme Court -> (Appeals) Court of Criminal Appeal) -> High Court of Australia
Where is the Local Court in the hierarchy?
The Local Court is the lowest in the hierarchy.
Where is the Children’s Court in the hierarchy?
The Children’s Court is equal to the Local Court in the hierarchy.
Where is the Coroner’s Court in the hierarchy?
Equal to Local Court
Where is the District Court in the hierarchy?
Above Local Court.
- It’s considered the ‘middle’ court