commerce task 3

Question 1

Legal capacity

Answer 1

the ability of a person to do something. A person’s age (and mental status) can affect her or his capacity

For example, the law treats a a person under 18 years of age, a minor, differently from an adult, a person aged 18 years or over. However, there are some rights you may gain before you turn 18.

Question 2

Criminal law

Answer 2

Criminal law deals with how people should behave; that is, what they can and cannot do.

Criminal law deals with offences such as armed robbery, murder, drink driving, fraud, rape, shoplifting and not paying train fares.

Question 3

Civil law

Answer 3

Civil law deals with non-criminal matters involving disputes between individuals and organisations.

Question 4

accused

Answer 4

charged with an alleged criminal offence. Children under 10 are not seen as mature enough to commit criminal offences.

Question 5

witness

Answer 5

A witness is a person who gives evidence in court. Witnesses must swear an oath: a promise to tell the truth.

Question 6

victim

Answer 6

A victim is a person who is injured or killed by another person in an act of violence. A young person can be a victim of a criminal offence at any age.

Question 7

guilty act (actus reus)

Answer 7

This means that the accused actually committed the offence and did not just think about doing it.

Question 8

guilty mind (mens rea)

Answer 8

This means that a person must have intended to commit the crime.

Question 9

capital punishment

Answer 9

where an offender is put to death

Question 10

seeking damages

Answer 10

successfully proven in court, the plaintiff will ask for money as compensation

Question 11

contract

Answer 11

a legally binding agreement. A person under 18 can legally enter into a contract to purchase essential goods and services that are necessary to support him or her

Question 12

Guarantor

Answer 12

helping someone else get credit, such as a loan or mortgage. Acting as a guarantor, you “guarantee” someone else’s loan or mortgage by promising to repay the debt if they can’t afford to.

Question 13

negligence

Answer 13

occurs when a person or an organisation fails to exercise reasonable care and causes damage to another person.

Question 14

mediation

Answer 14

where the people (parties) involved in a dispute meet with a neutral third party — a mediator — who helps them to negotiate an agreement

Question 15

Conciliation

Answer 15

they will offer their opinions and views. Conciliation is quite common in industrial disputes

Question 16

Arbitration

Answer 16

similar to mediation in that a third person assists the parties to reach their own solution. However, if the parties cannot reach an agreement, the arbitrator decides for them. The arbitrator’s decision is binding, which means that both parties must accept the decision and carry out any actions stipulated in that decision.

Question 17

Customary law

Answer 17

refers to the guidelines for behaviour that have been developed by Aboriginal and Torres Strait Islander peoples. These laws are passed on by word of mouth and have not been written down.

Question 18

rights and responsibilities of individuals

Answer 18

In Australia, the only rights that are guaranteed by the Constitution are the rights to:
- Vote
- freedom of religion
- freedom of movement
- own property
- trial by jury
- a fair trial.

Question 19

Dispute resolution outside of the courts

Answer 19

in Australia, a number of alternative methods for resolving civil disputes are available, rather than going to court. These include mediation, conciliation and arbitration. In criminal matters — particularly when dealing with young people — police may use warnings, formal cautions, community conferencing, circle sentencing or the courts.

Question 20

the advantages of resolving disputes without proceeding to the court system in civil matters:

Answer 20

• the system is generally cheaper and
  quicker than going to court
• it may create goodwill between the
  parties
• it is more flexible, thus better able to
  meet the parties’ individual needs.

Question 21

the disadvantages of resolving disputes without proceeding to the court system in civil matters:

Answer 21

• people may opt for mediation
  because they cannot afford to go to
  court
• it may lead to people surrendering
  their legal rights.