Law & society Flashcards
reasons for laws
without a set of rules in a society we would have chaos/anarchy
people with most strength will dominate the week
the 4 main roles of laws
Establish boundaries: of acceptable behaviour and which actions will NOT be tolerated
Protection: from the action of other as well as out own. tells society what they CANNOT do
Freedom: to do things by telling society what they can do
Resolving disputes: in order to stop people from taking things into their own hands
values, morals and ethics
develop a sense of what is right and wrong
laws are not the same in every country, state or city, Each has different beliefs, values, ethics and morals which shapes ones sense of right and wrong
role of court personnel
Australia’s legal system - adversarial system
local court
- most criminal + civil cases first enter the NSW court system
- magistrate can imprison an offender fro up to 2 years per offense or maximum 5 years
- summary offences (stealing, drink driving)
- minor civil disputes (damaged to property, injury claims up to $100,000
magistrate
- presides over commital hearing with indictable offences before being commuted to the district court
- hears bail applications
- issues arrest and search warrantsq
district court
- more serious civil cases for claims over $100,000 to $750,000 and all motor vehicle accidents
- criminal cases - jury decided whether accused is guilty or nit - judge decided sentence
- hears appeals from the local court
supreme court
highest in NSW - deals with most serious criminal cases (murder, treason)
- headed by Cheif of Justice
- Judgment of SC is binding on all lower court
high court
- interpret the laws of Australia
- sits in Canberra
- only comprises of 7 judges only and all its decisions are binding on all courts + final
- need special leave to attend and be heard
childrens court
- CARE and PROTECTION of children/ young people (under 18)
- criminal cases concerning children who committed offences under 18
- closed to public + media - informal
coroners court
- special local court
- investigates death by unnatural causes; determines cause and circumstances of death
family court
deals with divorce, custody, property disputes between married couples or defacto partners when they separate
drug court
- long-term solutions for offenders - drug use and crime
- offenders have to be eligible for the DRUG COURT PROGRAM
- rehab rather than jail
- offender takes regular drug tests and visits to the court to report on their progress
role of juries
- play an important role in the justice system.
- ensure verdicts are IMPARTIAL and in line with the community standards of behaviour
- interesting & a rewarding experience
jury
- ordinary people in society
- hears the evidence B.R.D to decide if guilty
balance of probabilities
process of selecting a jury
- people receive a jury summons
- go to the jury pool
- names are randomly selected and some jurors are given numbers
common law - judge made, or case
- decisions made by judges
- judges decide on a case where there is no existing law that regulates it
- record of decisions in a book - law reports - referred to when needed
- legal precedents
statute law - acts of parliament
- laws created by parliament
- once the law is passed it is binding to all courts and judges
- succeeds over common law
- HC has the only power to interpret it
how a bill becomes a law
debate (government explains why the law is needed and good for AUS) - passed by both houses of parliament
1) proposed law is discussed in CABINET
- citizens put pressure on G to change something
2) government lawyers are asked to draft a bill
3) each member of HOR reads the bill (1st reading)
4) second reading
- responsible ministers describe main purpose and benefits
- the majority of votes
5) committee stage - read bit by bit
- debate occurs in parliamentary committees and changes are made
6) third reading
- the majority of votes - passed to the senate
7) 3-6 occurs in the senate
- change to the bill are made and referred back to HOR (another debate + vote)
- money supply bill - GG it doubles DISSOLUTION
8)GG meets selected ministers in a meeting of the EXECUTIVE COUNCIL
public law
regulating peoples behaviour within society - protects the freedom of individuals
constitutional - criminal
private law
how individuals interact with other individuals - rights and duties people have towards eachother
administrative law
decisons and powers of Government departments
allows courts to review and change decisions of the Government
constitutional law
- deals with rules by which a country is governed
power of parliament, right of citizens, power of fedral and state governements
contract law
- legal agreement between 2 or more parties
- breach of contract = sued
