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Commerce > Law In Action - Contact With The Law > Flashcards

Law In Action - Contact With The Law Flashcards

1
Q

Legal Capacity

Define

A

ability to hold rights and responsibilities in law and to exercise them

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2
Q

Factors that affect legal capacity

A
  • Age (18- minors treated differently under law, 18+ full legal capacity)
  • Mental status (affects capability to make legal decisions
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3
Q

Law that affects young people in Australia

Education Law

A
  • Compulsory school attendance to a cetain age
  • Access to special education services
  • Rights and responsibilities at school
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4
Q

Law that affects young people in Australia

Employment Law

A
  • Minimum working age
  • Restriction on type of work and hours
  • Rights to fair pay and safe working conditions
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5
Q

Law that affects young people in Australia

Criminal Law

A
  • Age of criminal responsiblity (10)
  • Juvenile justice system
  • Diversion and rehabilitation programs
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6
Q

Law that affects young people in Australia

Family Law

A
  • Child custody and support arrangement
  • Protection from abuse and neglect
  • Rights to have a say in family court matters
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7
Q

Law that affects young people in Australia

Heath Law

A
  • Consent to medical treatment
  • Access to mental health services
  • Confidentiality and privacy in healthcare
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8
Q

Law that affects young people in Australia

Consumer Law

A
  • Rights related to purchasing goods and services
  • Protection against unfair trading practicies
  • Legal capacity to enter contracts
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9
Q

Law that affects young people in Australia

Social Wellfare Law

A
  • Access to social services and benifits
  • Rights within the foster care system
  • Support for homeless youth
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9
Q

Law that affects young people in Australia

Substance Control Law

A
  • Legal age to purchase alcohol and tobacco
  • Regulations on drug use and possession
  • Consequences of breaking substance control laws
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10
Q

Law that affects young people in Australia

Cyber Law

A
  • Online privacy and protection
  • Legal consequences for cyberbullying and online harassment
  • Age restrictions on online platforms
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11
Q

Crime

Define

A

When an individual breaches a law and commits an offence against the community ot a victim

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12
Q

Two forms of a legal defence

A
  • Denial of prosecuter claims
  • Legal excuse or justification for actions
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13
Q

Basic underpinning principals of criminal law

A
  • Innocent until proven guilty
  • Guilt must be proved beyond reasonable doubt
  • A person has the right to remain silent
  • Double jeopardy
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14
Q

Right to remain silent

A
  • Post 2013
  • No general law but may damage chances in case
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15
Q

Double Jeopardy

A
  • Emphasises the finality of verdicts
  • prevents prosecution from being used as harassment
  • Since 2006, doesn’t apply to cases where the aquittal of a sentence is challenged by new and compelling evidence
16
Q

General guidelines for criminal sentencing in youth

A
  • Children under 10 cannot be charged with criminal offence
  • Between 10 and 14, prosecuter must prove they knew their actions were seriously wrong
  • If under 18 when alledged offence occuredand are under 21 they are considered a child to the law
17
Q

Dismissal

A
  • Applicable to 1st time, minor offences
  • Megistrate may dismiss the charge completly
  • A second s 10 order cannot be made within 5 years of the first
18
Q

Fines

A
  • Can be imposed alongside other penalties
  • Court must consider the individual’s ability to pay
  • Typically payable within 28 days
  • Defined in penalty units
19
Q

Disqualification from holding licence

A

Magistrate can disqualify from holding a license if deemed unfit for a license

20
Q

Conditional release order

A
  • Released immediatly if agreed to specific conditions
  • Typically require good behavior from 1-5 years
21
Q

Community Service Orders

A

Can be imposed alongside a fine

22
Q

Intensive Correction Orders

A
  • Allows offenders to serve sentence in the community
  • Conditions can include home detention, electronic monitoring, community service and rehabilitation services
  • Mandatory supervision
  • Not applicable for serious offences
23
Q

Imprisonment

A
  • Full time imprisonment is a last resort
  • fixed terms of detention over 6 months can include parole and non parole periods
24
Q

Supervision In The Community

A

Probation/parole officer to ensure offenders meet conditions

25
Q

Compensation

A
  • For personal injury or death by crime
  • up to $50 000
26
Q

Civil Law

Define

A
  • All law not considered in criminal law
  • Individuals, companies and governments in legal action againt each other
  • plantiff brings case and defendant responds
  • Proved on the balance of probabilities
27
Q

2 Resolutions of a Civil Case

A
  • Compensation (damages paid by defendant
  • Injunction (specific conduct required or stopped)
28
Q

Factors of contract validity for minors

A
  • Age of said minor
  • Nature of the service
  • Social and economic status of the minor
  • Past contractual agreements
29
Q

Negligence

Define

A

faliure to exercise proper care, which could result in other injury

30
Q

Process of a Civil Case

A
  • Plantiff fills out statement of claim
  • Delivered to defendant
31
Q

Minors’ abilities in Civil Law

A
  • Unable to apply to bring civil action without a legal guardian who takes naming of case and pays compensation
  • Are still responsible for breaches of tort law
32
Q

Vicarious Liability

Define

A

One party is responsible for the actions or negligence of a third party

33
Q

Rebuttable Presumption

A

When the law requires the court to presume something until evidence proves otherwise

34
Q

Actus Reus

A

‘guilty act’
the physical elements or actions of a crime

35
Q

Mens Rea

A

‘guilty mind’
mental state or intent behind the criminal act

Commerce (10 decks)

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