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Commerce > Law and Society > Flashcards

Law and Society Flashcards

1
Q

What is court?

A

Government institutions with the authority to adjudicate legal disputes

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2
Q

What do courts do?

A

Interpret laws for criminal and civil cases
Create common law

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3
Q

How do courts make decisions?

A

They based on what earlier courts decided what the law was

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4
Q

Why are courts important?

A

They help to solve legal disputes in a fair manner according to the law

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5
Q

What are juries?

A

Juries are a group of 12 in common cases, a group of 4 in civil cases

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6
Q

What do juries do?

A

Responsible for hearing evidence, applying law and judge instructions, and deciding g if a person is guilty or not by the facts

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7
Q

Who is ineligible for jury?

A

Legal system workers, criminal record, disabilities, older than 70

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8
Q

Who can be exempted from jury duty?

A

Doctors, childcare workers, financial hardship, serious inconvenience

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9
Q

Defendant

A

Accused person who must defend their actions - the “accused” in criminal trials.

Can represent themselves or have a soliciter/barrister wfor them.

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10
Q

Court officer

A

Helps the judicial officer and other people who are entering the room.

Organise court lists, call witnesses, administer oaths

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11
Q

Court Reporter

A

Record hearing and transcribes what is being said

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12
Q

Defence lawyer

A

Represents defendant or the accused person.

May wear a wig and gown in district/supreme court

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13
Q

Judge

A

Above DISTRICT/SUPREME courts, they are called “Your Honour”

Known as magistrate in the local court

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14
Q

Judge’s associate

A

Helps judge with documents and exhibits used in the case

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15
Q

Prosecutor(s)

A

Represents police or crown in criminal matters

Local court - Specially trained police officer
District/Supreme - Lawyer from the office of the director of public prosecutions

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16
Q

Sheriffs Officer

A

Maintains security of courtroom and ensures safety

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17
Q

Support

A

Helps particular witnesses but doesn’t take part in court proceedings

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18
Q

Witness

A

Gives evidence in a case.
Answers questions from both the prosecution and the defence.
They must take an affirmation or oath before providing evidence.

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19
Q

Magistrate

A

Similar to judges but attends local court. People must be treated fairly because local court attendants are largely unrepresented.

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20
Q

Hierarchy of Court

A

High
1) State/Territory 2) Federal
Supreme Family
District
Local

He said forget socks that don’t lie for fun

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21
Q

High Court

A

Most senior court.

Appeals from lower courts are heard and also serious breaches of the constitution

Final and unable to be appealed from

For an appeal to beheard, the case must have an application and preliminary hearings must have happened

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22
Q

Federal Court

A

Hears breaches of the law in relation to taxation, constitution, native title and the corporations act

Also hears appeals from lower courts

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23
Q

Family Court

A

Under federal cuort.

Assists disputes such as divorces, parenting disputes, and division of property.

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24
Q

Supreme Court

A

Highest level of State Court

Heard by the judge and deals with civil cases of any value, murder and treason

Includes court of appeal and court of criminal appeal for hearings from lower courts

25
Q

District Court

A

Presided by a judge and is the intermediate court

Serious criminal matters except murder, treason, and piracy

Serious civil matters such as all motor vehicle cases and claims up to 750k

26
Q

Local Court

A

Often called Magistrates court

Deals with minor offences

Conducts committal proceedings to demonstrate enough evidence to be heard

Minor family law matters (AVO) and appeals relating to licence

Minor civil cases up to 100k

27
Q

What are laws?

A

Set of rules that are enforced and created by the parliament

28
Q

Origins of Law

A

Prior to 1788 - existed through word for the Indigenous

Differed between every group

Punishments included ridiculing, banishment, death

Arrival of cook in 1770 - Aboriginal law displaced for English Law

29
Q

Reasons for laws

A

Regulates society, regulates behaviour

Without them - it would be a state of ANARCHY (rise in violence, no reason to work, no tax, no regulations, lower QOL, no government)

30
Q

How do laws differ from rules?

A

Rules only apply to certain people, but laws apply to everyone

31
Q

Usage of Laws

A

COURTS use laws to settle disputes, administer law, and provide a verdict

POLICE enforce laws to prevent issues and investigate and assist in prosecution.
(Law limits what police can do)

32
Q

Areas of law

A

Public
Criminal
Civil/Private
Common
Statute

33
Q

Prosecution

A

Represents society and must prove beyond reasonable doubt the accused has not committed a crime

34
Q

Public Law

A

Deals with standards of behaviour that society expects from the government

Includes criminal law and other laws related to how government operates.

35
Q

Criminal Law

A

Exists to protect public form harm

Police must investigate and bring a case against the accused

36
Q

Crimes

A

Behaviours deserving of prosecution.

37
Q

Indictable offences

A

Robbery Homicide, child abuse, murder, and sexual assault

38
Q

Summary offences

A

Minor assaulsts, petty theft, vandalism, and traffic inrfringements

39
Q

Types of crime

A

Against persons
Against property
White collar - committed by professionals and not associated with crime or violence
Against state (sefition and treason)
Public order - disrupts activities of society
Traffic offences

40
Q

Civil Law

A

Deals with interactions between people. Also regulates business behaviour

The person bringing the case is known as the plaintiff

41
Q

Areas of Civil Law

A

Contract - legally binding agreement
Property - Anything that can be bought and sold
Family - Regulates matters relating to divorce, parental responsibility,
Tort - Civil wrongs that involve the actions of people that cause discomfort to others such as negligence nuisane, defamation, and trespass

42
Q

Negligence

A

Lack of duty of care

43
Q

Defamation

A

Damage of one’s reputation

44
Q

Trespass

A

Interfere with property

45
Q

Common Law

A

Based on ruling made by judges and occurs when no STATUTE law is present

All lower courts must follow common law of higher courts to ensure cases are handled the same.

46
Q

Codification

A

A process where common law is turned into statute law to ensure it isn’t lost

47
Q

Statute Law

A

Created by the parliament, most common law making process.

it is stable and requires new laws to change it

Does not have to follow precedent and can change interpretation of law

Creating it is a lengthy process involving considerable debate

48
Q

How to change statute law?

A

House of representatives:
1. bill introduced
2. members debate and vote
(Optional public inquiry)
3. thorough consideration, details changed
4. vote on final bill

Same process happens in the senate, and then the bill must receive royal ascent

49
Q

How to become ACTS OF PARLIAMENT?

A

Be debated and passed
Approved by executive council
Government explains why needed
Opposition attempts to argue why it is not the case

50
Q

Legislation

A

Process of making or enacting laws

51
Q

How decisions are reached

A

Judges can decide if plaintiff is wrong and order them to pay the defendants costs.

Also “partially” responsible is possible - damaged adjusted accordingly

Juries are optional in civil courts, but they are responsible for determining outcome me and damages if present

Parties can reach an out of court agreement

52
Q

Legal Aid

A

1972- WHITLAM government introduce dlegal aid and each state now has their own legal aid commission (15 minutes free legal advice available)

high costs - individuals must prove they are eligible - if LAC deems case impossible to win, the accused may be required to plead guilty

53
Q

Government

A

Commonwealth of Australia formed in 1901 after 6 colonies became the federation (representative democracy, people elect government, national, state, and territory)

54
Q

Constitutional Monarchy

A

Head is the King , represented through the governer general

55
Q

Constitution

A

Set of rules that Australia is run by - it describes Structure, Roles, and Powers of the Australian government. Also details roles of executives alongside rights of Australians such as religious freedom.

56
Q

How many parts in the constitution?

A

8 chapters, 128 sections

57
Q

Key features outlined in the constitution

A

Bicameral government
6 state governments

58
Q

What does the constitution not include?

A

Lacks a bill of rights

59
Q

How can the constitution be changed?

A

Only changed through Australian’s approval - has to be approved in Parliament then voted on through a referendum

Commerce (4 decks)

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