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
Where is the Supreme Court in the hierarchy?
Above District Court.
- Highest court in NSW
Where is the High Court in the hierarchy?
Above Supreme Court, as the highest court in Australia
Where is the Family Court in the hierarchy?
The Family Court is a Commonwealth court.
What type of civil matters does the Local Court deal with?
Deals with minor civil disputes with monetary value up to $100 000 or injury claims up to $100 000.
What type of civil matters does the Children’s Court deal with?
Deals with cases involving care and protection of children and young people
What type of civil matters does the Coroner’s Court deal with?
Investigates deaths by unnatural causes
What type of civil matters does the District Court deal with?
Deals with more serious civil cases for claims $100 000 - $750 000 and all motor vehicle accident cases
What type of civil matters does the Supreme Court deal with?
Deals with most serious civil cases involving $750 000+
What type of civil matters does the High Court deal with?
The High Court doesn’t deal with civil matters.
What type of civil matters does the Family Court deal with?
Deals with family law matters (e.g. divorce, separation of children)
What type of criminal matters does the Local Court deal with?
Hears (majority of) summary offences (minor criminal matters) - e.g. stealing, drink-driving, assault, possession of drugs and indecent language
Hears committal hearings.
What type of criminal matters does the Children’s Court deal with?
Deals with criminal matters committed by young people under the age of 18
What type of criminal matters does the Coroner’s Court deal with?
Investigates cause and origin of fires and explosions
What type of criminal matters does the District Court deal with?
Deals with serious criminal matters such as armed robbery/burglary.
What type of criminal matters does the Supreme Court deal with?
Deals with most serious criminal cases such as murder, treason and serious sexual assault.
What type of criminal matters does the High Court deal with?
Hears cases concerning interpretation of Australian Constitution
What type of criminal matters does the Family Court deal with?
The Family Court does not deal with criminal matters. It deals with family law.
What’s the maximum amount of money that the Local Court can deal with in civil disputes?
$40 000
What’s the maximum amount of money that the Local Court can deal with in injury claims?
$100 000
What’s the minimum/maximum amount of money that the District Court can deal with in civil disputes?
$100 000 - $750 000
What’s the minimum amount of money that the Supreme Court deals with in civil cases?
$750 000
Are the High Court’s decision’s final?
Yes.
Where do appeals from Family Court go?
To the Full Court of Family Court, then to High Court.
Who presides over the different courts?
- Local court: Magistrate
- District court: Jury/judges
- Supreme court: Jury/judges
- High Court: Seven judges
Who presides over the Local Court?
Magistrate
How many judges are there in a jury?
12
How many judges are there in the High court?
7
What is an adversarial trial system?
A system in which two opposing parties present their arguments to a magistrate or judge, the independent party
Who is the accused person/defendant?
The person charged with crime, who defends his/her actions.
What does the court reporter/transcriber do?
court staff member who records hearing & writes/types what’s being said
What does the court officer do?
He/she helps judicial officer and people coming into courtroom. Organises court lists, calls witnesses and administers oaths.