Law & Society

Question 1

Outline the court hierarchy

Answer 1

The High Court
Supreme Court
District Court
Local Court

Question 2

A criminal case has to be proven:

Answer 2

Beyond a reasonable doubt

Question 3

A civil case must be proven:

Answer 3

On the balance of probabilities.

Question 4

What are the 4 main roles of Law?

Answer 4

1. To establish BOUNDARIES of acceptable behaviour & determine what actions will not be tolerated.
2. To PROTECT people from the actions of others as well as their own behaviour.
3. To allow FREEDOM to do things by explaining what is acceptable.
4. To RESOLVE disputes and PREVENT people from taking the law into their own hands.

Question 5

What are Laws?

Answer 5

Laws are sets of rules that are expected to be followed and obeyed by the community. The police and the courts enforce laws. People can be taken to court and penalised for breaking the law.

Question 6

What is Common Law?

Answer 6

Law made by judges who make legally binding decisions about cases put before them. The decisions are known as precedents and are followed by all lower court cases with the same specifics.

Question 7

Why was common law introduced?

Answer 7

Parliaments were unable to make laws for every aspect of society.

Question 8

What is precedent?

Answer 8

Precedents are previously established legally binding decisions made by judges. These decisions act as a guiding law for all lower courts.

Question 9

Explain criminal law

Answer 9

Criminal law involves behaviour considered to be unacceptable by the state and deserving of prosecution, conviction and punishment. Criminal law was established to protect society and individuals from other and make the community fell safe. Crimes are dealt with by the police and the judiciary on behalf of the state.

Question 10

What are the 2 branches of criminal offences?

Answer 10

1. Indictable offences

2. Summary offences

Question 11

Define and give examples of indictable offences.

Answer 11

Indictable offences are serious crimes, such as murder or treason.

Question 12

Define and give examples of summary offences.

Answer 12

Summary offences are minor crimes, such as robbery.

Question 13

Explain civil law.

Answer 13

Private law that deals with non-criminal matters. Members of the public bring action against others (individuals, institutions or companies) for a civil wrong.

Question 14

What are the 2 main areas of civil law?

Answer 14

1. Contract Law

2. Torte Law

Question 15

What are examples of torte law?

Answer 15

1. Negligence: a person fails to take reasonable care = injures another person.
2. Defamation: a person injured another persons reputation.
3. Nuisances: where a person causes unreasonable interference with another persons right to quiet enjoyment of their property.
4. Trespass: someone interferes with property.

Question 16

What is involved in civil law?

Answer 16

A plaintiff takes court actions against a defendant because of a wrong. Cases have to be proven on the balance of probabilities and the wronged party seeks financial compensation (damages).

Question 17

Define statute law.

Answer 17

Laws made by parliaments which are binding on all courts and judges. Parliaments can change laws, and their legal rights are outlined in the constitution.

Question 18

Explain the jury system.

Answer 18

Juries consist of ordinary people who independently decide on the facts of a case. With reference to the evidence at hand, jurors must decide on what they believed happened.

Question 19

Jurors must:

Answer 19

1. Listen to all the facts.
2. Decide on what they believe happened.
3. Put aside their own prejudices or biases.
4. Understand the points of the law.
5. Deliver a verdict (guilty/innocent or whether a person was liable)

Question 20

Arguments FOR the jury system

Answer 20

1. Juries are an accurate cross-section of society whose values and opinions reflect the communities.
2. Widespread acceptance.
3. The final decision is up to many.
4. Independent and impartial decision makers (not government controlled).
5. Involvement of ordinary citizens.

Question 21

Arguments AGAINST the jury system.

Answer 21

1. Some people are exempt from duties- not a a accurate x-section.
2. Ordinary people may not understand technicalities.
3. Costly and time consuming process of selection.
4. Clever lawyers can persuade jurors.
5. Difficult to remain impartial- people influenced by society.

Question 22

Private Law AKA?

Public Law AKA?

Answer 22

Civil Law

Criminal Law

Question 23

What do laws reflect?

Answer 23

Societies opinions or right and wrong, therefore the values, morals and ethics of the community.

Question 24

How is the law dynamic?

Answer 24

The law is constantly changing and evolving as people’s values shift. Making it hard for governments to keep up with laws, as societies opinions are constantly changing.

Question 25

Issues of fairness in accessing the law?

Answer 25

i) cost, legal aid is expensive
ii) time, cases can be lengthy
iii) procedures, understanding the legal process and court process
iv) language, the technicalities used in trials in addition to a first language not being English

Question 26

People who experience inequality/discrimination?

Answer 26

• people in poverty
• mental illness sufferers
• young
• indigenous
• non-English speaking migrants
• disabled
• women

Question 27

Organisations that deal with inequality.

Answer 27

1. Alternate Dispute Resolution (ADR) involves a legal representative attending court for you or instead of you.
2. Community Justice Centres (CJC’s) provides free mediators who help find solutions to disputes.
3. Legal Aid NSW - legal advice and representation to low income earners.