Law and Society

Question 1

Define Law

Answer 1

A set of enforceable rules of conduct which set down guidelines for relationships between people and organisations in a society.

Question 2

Differences between laws and rules

Answer 2

Laws are binding on the whole community. They apply to all members

Laws can be enforced. Larger penalties apply if a law is broken

Laws are officially recognised by governments and courts

Laws are accessible. People can find out which laws apply to a particular situation

Laws relate to public interest

Laws reflect rights and duties

Laws are made by law making bodies

Question 3

Reasons for laws

Answer 3

Protection, freedom, dispute resolution

Question 4

Institutions

Answer 4

Parliaments - main law-making institution, can make and change laws which are binding on all courts and judges

Courts - settle disputes according to strict rules of evidence and procedure

Prisons - hold convicts and offer rehabilitation

Question 5

People in the legal system

Answer 5

Judges - interpret laws, they have the ability to create laws through the decisions they make when hearing a case

Lawyers - provide legal assistance and advice, they represent clients and conduct cases at a court hearing

Police officers - enforce laws, prevent and detect crime, protect life and property, maintain peace and order

prison officers - manage the prisons

politicians - make laws in parliament

Question 6

How laws empower individuals and groups in our society

Answer 6

Power to resolve disputes, if we are wronged we have a system to gain justice, if we break the law we can navigate consequences

Courts can make decisions

Empowers us to challenge and change laws, e.g. Mabo

Question 7

Court hierarchy

Answer 7

Lower, district, supreme, high court

AAT, federal / family, high court

Question 8

People in court

Answer 8

The accused - person who is arrested and charged for the crime

Prosecutor - specially trained police officer

defence lawyer - represents accused person

judicial officer - magistrate / judge / your honour

Question 9

Being summoned for jury

Answer 9

Randomly selected for electoral role, receive summons, bring summons and ID, can be exempt if you fit the criteria, called by juror number, called into court, go to juror box when number is called, jurors are sworn in, juries decide, one juror relays decision to judge

Question 10

Role of juries

Answer 10

Weigh up evidence on both sides, be impartial and make fair decision

Question 11

Public and private law

Answer 11

Public law is mainly criminal law or law that apply to all of Australia’s people, while private laws civil law.

Question 12

Civil and criminal law

Answer 12

Criminal law are crimes (against the government), civil law are disputes between two parties

Question 13

How laws are made

Answer 13

Constitution - rules about government powers
Statute - parliament passing a bill
Common law - court made law, precedent

Question 14

How a bill comes to be law

Answer 14

Drafted, 3 readings in house of reps, MP’s vote, if yes then three readings in senate, senators vote, if yes then passed to governor general for royal assent (if no in house of reps then bill is re-drafted or abandoned, if no in senate then bill is sent back to the house of reps for changes and reintroduction)

Question 15

Division of power

Answer 15

commonwealth parliament has exclusive powers (e.g defence) and concurrent powers (e.g. education. State parliament has concurrent powers and residual powers (e.g water)

Question 16

Precedent

Answer 16

Judges use decisions in earlier cases with similar facts to help decide the outcome of the current case. This ensures consistency, fairness and equality. Lower courts are bound to follow decisions in superior courts (binding precedent), superior courts can use lower courts or international courts to make a decision but are not bound to them (persuasive precedent),

Question 17

Three areas of public and private law

Answer 17

public - criminal, constitutional and administrative (regulate gov. agencies)

private - tort (compensation for inconvenience), property (goods purchased and sold) and contract (when contract terms are broken)

Question 18

mens rea and actus reus

Answer 18

mens rea - guilty mind, crime was intentional (except in traffic offences)

actus reus - criminal act, they actually did it

Both must be proven

Question 19

Rights if arrested

Answer 19

no comment
call friend/relative and lawyer
free interpreter for non-english speakers
refuse to be photographed or be in an ID lineup
refuse forensic tests

under 18s must have adult present for questioning

Question 20

Separation of power

Answer 20

executive (PM and cabinet), judiciary (high court), legislature (commonwealth government)