Law & Society Flashcards
Outline the court hierarchy
The High Court
Supreme Court
District Court
Local Court
A criminal case has to be proven:
Beyond a reasonable doubt
A civil case must be proven:
On the balance of probabilities.
What are the 4 main roles of Law?
- To establish BOUNDARIES of acceptable behaviour & determine what actions will not be tolerated.
- To PROTECT people from the actions of others as well as their own behaviour.
- To allow FREEDOM to do things by explaining what is acceptable.
- To RESOLVE disputes and PREVENT people from taking the law into their own hands.
What are Laws?
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.
What is Common Law?
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.
Why was common law introduced?
Parliaments were unable to make laws for every aspect of society.
What is precedent?
Precedents are previously established legally binding decisions made by judges. These decisions act as a guiding law for all lower courts.
Explain criminal law
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.
What are the 2 branches of criminal offences?
- Indictable offences
2. Summary offences
Define and give examples of indictable offences.
Indictable offences are serious crimes, such as murder or treason.
Define and give examples of summary offences.
Summary offences are minor crimes, such as robbery.
Explain civil law.
Private law that deals with non-criminal matters. Members of the public bring action against others (individuals, institutions or companies) for a civil wrong.
What are the 2 main areas of civil law?
- Contract Law
2. Torte Law
What are examples of torte law?
- Negligence: a person fails to take reasonable care = injures another person.
- Defamation: a person injured another persons reputation.
- Nuisances: where a person causes unreasonable interference with another persons right to quiet enjoyment of their property.
- Trespass: someone interferes with property.
What is involved in civil law?
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).
Define statute law.
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.
Explain the jury system.
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.
Jurors must:
- Listen to all the facts.
- Decide on what they believe happened.
- Put aside their own prejudices or biases.
- Understand the points of the law.
- Deliver a verdict (guilty/innocent or whether a person was liable)
Arguments FOR the jury system
- Juries are an accurate cross-section of society whose values and opinions reflect the communities.
- Widespread acceptance.
- The final decision is up to many.
- Independent and impartial decision makers (not government controlled).
- Involvement of ordinary citizens.
Arguments AGAINST the jury system.
- Some people are exempt from duties- not a a accurate x-section.
- Ordinary people may not understand technicalities.
- Costly and time consuming process of selection.
- Clever lawyers can persuade jurors.
- Difficult to remain impartial- people influenced by society.
Private Law AKA?
Public Law AKA?
Civil Law
Criminal Law
What do laws reflect?
Societies opinions or right and wrong, therefore the values, morals and ethics of the community.
How is the law dynamic?
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.
