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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
District Court
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
Local Court
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
What are laws?
Set of rules that are enforced and created by the parliament
28
Origins of Law
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
Reasons for laws
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
How do laws differ from rules?
Rules only apply to certain people, but laws apply to everyone
31
Usage of Laws
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
Areas of law
Public Criminal Civil/Private Common Statute
33
Prosecution
Represents society and must prove beyond reasonable doubt the accused has not committed a crime
34
Public Law
Deals with standards of behaviour that society expects from the government Includes criminal law and other laws related to how government operates.
35
Criminal Law
Exists to protect public form harm Police must investigate and bring a case against the accused
36
Crimes
Behaviours deserving of prosecution.
37
Indictable offences
Robbery Homicide, child abuse, murder, and sexual assault
38
Summary offences
Minor assaulsts, petty theft, vandalism, and traffic inrfringements
39
Types of crime
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
Civil Law
Deals with interactions between people. Also regulates business behaviour The person bringing the case is known as the plaintiff
41
Areas of Civil Law
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
Negligence
Lack of duty of care
43
Defamation
Damage of one's reputation
44
Trespass
Interfere with property
45
Common Law
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
Codification
A process where common law is turned into statute law to ensure it isn't lost
47
Statute Law
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
How to change statute law?
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
How to become ACTS OF PARLIAMENT?
Be debated and passed Approved by executive council Government explains why needed Opposition attempts to argue why it is not the case
50
Legislation
Process of making or enacting laws
51
How decisions are reached
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
Legal Aid
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
Government
Commonwealth of Australia formed in 1901 after 6 colonies became the federation (representative democracy, people elect government, national, state, and territory)
54
Constitutional Monarchy
Head is the King , represented through the governer general
55
Constitution
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
How many parts in the constitution?
8 chapters, 128 sections
57
Key features outlined in the constitution
Bicameral government 6 state governments
58
What does the constitution not include?
Lacks a bill of rights
59
How can the constitution be changed?
Only changed through Australian's approval - has to be approved in Parliament then voted on through a referendum

Commerce (2 decks)

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