Law, Society and Political Involvement

Question 1

What is a law?

Answer 1

A law is a rule established by governments to enforce order, with consequences if broken.

Question 2

Why do we have laws?

Answer 2

To establish boundaries, provide protection, provide freedom, and resolve disputes.

Question 3

What are values?

Answer 3

Core beliefs or principles that guide behaviour and decision making.

Question 4

What are morals?

Answer 4

Standards of right and wrong that are based on values.

Question 5

What are ethics?

Answer 5

Rules or codes of conduct which dictate how people should behave.

Question 6

What is the separation of powers?

Answer 6

A system that means the people who create, enforce and make judgement on the law are all different.

Question 7

Who is in the separation of powers?

Answer 7

The Parliament - changes and makes the law
The Executive Council (e.g. police officers) - enforces the law
The Judiciary (e.g. courts) - makes judgements on the law

Question 8

What is the division of power?

Answer 8

The distribution of power throughout the federal, state and local government and their resulting responsibilities.

Question 9

What courts are in the court hierarchy? (lowest to highest)

Answer 9

Local Court, District Court, Supreme Court and High Court.

Question 10

What are the characteristics of Local Court?

Answer 10

Hears civil cases with claims of up to $100,000 and minor criminal cases such as stealing and assault

Appeals are heard in the District Court

Decisions are made by the Magistrate, as it has no jury.

Question 11

What are the characteristics of District Court?

Answer 11

Hears civil cases with claims from $100,000 to $750,000, motor vehicle cases, and serious criminal matters such as armed robbery and manslaughter

Cases are heard by judges and sometimes decided by juries, but the judge will decide the sentence

Hears appeals from Local Court, appeals from this court will go to Supreme Court

Question 12

What are the characteristics of Supreme Court?

Answer 12

Hears civil cases with claims over $750,000, serious criminal cases such as murder and treason

Led by Chief Justice and decisions are made by a jury

Hears appeals from both lower courts

Question 13

What are the characteristics of High Court?

Answer 13

Hears cases involving the interpretation of the Constitution, and create laws that affect the powers of parliaments

Decisions are final, and apply to everyone

Led by Chief Justice and six Justices, with no jury

Hears appeals from Supreme Court

Question 14

What are the characteristics of Children’s Court?

Answer 14

Hears criminal cases involving minors and aims for protection of children and young people

Closed to public and media

Question 15

What are the characteristics of Coroner’s Court?

Answer 15

Hears deaths by unnatural causes

Question 16

What are the characteristics of Family Court?

Answer 16

Hears complex family matters such as divorce and parenting disputes

Question 17

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What are the characteristics of the NSW Drug Court?

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Answer 17

Provided long-term solutions for offenders involved in drugs and crime

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Question 18

Which court interprets the Australian Constitution and how?

Answer 18

The High Court interprets the Constitution by hearing cases which raise questions about the Constitution and focus on the contents of it.

Question 19

Who are the 12 people in a courtroom and what are their roles?

Answer 19

The Judge leads the court and sometimes decides sentences.

The Judge’s associate is a trained lawyer who manages paperwork.

The Tipstaff keeps order in the court.

The Witness gives evidence on the case.

The Jury decide on guilt or liability.

The Sheriff’s Officers provide security and serve summonses.

The Media observe proceedings to be reported on.

The Prison Officer represents the prison where the accused will be held.

The accused are accused of the claim, and sometimes represent themselves.

The Defence Counsel presents arguments to lessen punishment or make innocence.

The Prosecutor convinces the jury of guilt or reasons for compensation.

The public watches and listens to proceedings.

Question 20

How do the people in a courtroom change depending on the type of case?

Answer 20

The jury in criminal cases is 12 people, compared to 6 people in a civil case.

There is no prison officer in civil cases.

Question 21

How are juries selected?

Answer 21

Letters are sent out to people on the electoral roll to appoint them for Jury duty in a case.

On the day of the case, empanelment occurs, where the prosecutor and defence counsel have until a juror walks inside the box to challenge the selection without reasoning.

Question 22

What are the advantages and disadvantages of a jury?

Answer 22

Advantages: Juries represent the wider community, and provide a range of interpretations of the case

Disadvantages: Juries have a possibility of bias, and may have difficulties understanding evidence and proceedings.

Question 23

Who is Lady Justice and what does she represent?

Answer 23

Lady Justice is a personification of the morality of the judicial system. The elements of her character have symbolic value.

Blindfold: representing that justice in the legal system should be given to everyone without bias, or the ‘Rule of Law’

Scales: showing the need for the careful balance of evidence in the Judicial system

Sword: representing the punishment administered in response to wrongdoing

Question 24

What is the Rule of Law?

Answer 24

Everyone is equal in the eyes of the law, no one is above the law.

Question 25

How are laws made?

Answer 25

- The proposed law is discussed in Cabinet (a composed group of legal individuals) - Government lawyers draft a bill - The bill is given to the House of Representatives in the 'first reading' - The responsible minister for the bill with describe the purpose of it in the 'second reading' - The bill is debated slowly and changes may be made - The bill voted upon in the 'third reading', and passed to the Senate - The reading process is repeated in the Senate, then sent to the Governor-General - The Governor-General meets with government ministers, and approves the bill as an Act, to be applicable for all Australian citizens.

Question 26

What is the difference between criminal and civil law? (and examples)

Answer 26

Criminal law involves cases which endanger or threaten the health, safety and welfare of people, and can include murder and sexual assault. Civil law involves disputes between individuals or organisations, with compensation often included. Civil law can include fines, property disputes and divorce.

Question 27

What is the difference between common law and statute law?

Answer 27

Common law is where law is developed and applied by judges rather than interpreted from written laws. Statute law is law created by a legislative body such as Parliament.

Question 28

What is precedent and how is it applied?

Answer 28

Precedent is the interpretation of a case based on the outcome of previous, similar cases. It can be applied in deciding sentences and making decisions.

Question 29

What is public law and what are the branches of it?

Answer 29

Public law investigates people's behaviours within society and people's freedom. The branches of public law are: Criminal law - Protects the community from harm, keeps order and deals with crimes Administrative law - The decisions and powers of government departments Industrial law - Rights and responsibilities of employers and employees, industrial disputes, WH&S matters Constitutional law - The rules by which a country is governed, the powers of parliament, citizen’s rights, and powers between state and federal governments

Question 30

What is private law and what are the branches of it?

Answer 30

Private law focuses on how people interact with each other and their rights and duties to each other. The branches of private law are: Tort law - When one person infringes the rights of another, and the distress or injury from this Property law - Real property (land and buildings) and personal property (goods and services) Contract law - Legal agreements between two or more people Family law - Regarding family relationships: Marriages, divorces, custody, etc

Question 31

What is a referendum?

Answer 31

A referendum is a nation-wide vote regarding a proposed change to the Constitution.

Question 32

How does law reform happen?

Answer 32

Law reform occurs due to changes in society’s values, and to evolve with the current times.

Question 33

What is domestic law? + examples

Answer 33

Domestic law relates to the laws central to your country or nation. The Family Law Act 1975 in an example of an Australian domestic law, relating to family law matters.

Question 34

What is international law? + examples

Answer 34

International law is a system of law relating to the conduct of and interactions between states. The Montreal Protocol is an example of international law, relating to environmental issues.

Question 35

Why do laws change?

Answer 35

Laws change and adapt with the progression of society, and change to become simpler and modernised.

Question 36

What are the barriers to accessing the law?

Answer 36

The barriers to accessing the law are: Time - 'Justice delayed is justice denied', delaying a case results in an unfair result Distance - Rural areas have less available legal services. Language - Procedures may be difficult to understand if you don't speak the primary language Cost - Legal representation and lawyers are expensive Procedures - Procedures are often confusing and intimidating, and people may not understand their rights and responsibilities.

Question 37

How does individual action influence politicians?

Answer 37

Individual action such as protesting and voting applies pressure on politicians, and changes voting outcomes.

Question 38

How do lobby groups influence politicians?

Answer 38

Lobby groups are able to organise meetings and build connections with politicians to advocate issues, leading to change.

Question 39

How do political parties influence politicians?

Answer 39

Political parties have a strong presence and political power, allowing them to contribute alongside politicians in making decisions.

Question 40

What is the process for changing the Constitution?

Answer 40

- The proposed change must be agreed upon by both houses - A referendum occurs, and a double majority (50% of people and 4/6 states) of YES must happen - The proposal goes to the Governor-General for the final approval and the change is made to the Constitution.

Question 41

What is the process of voting in an election?

Answer 41

- Election is declared - Close of electoral rolls - Nominations close - Date of polling - Meeting of new parliament

Question 42

What are the 4 ways elections are won? Describe them.

Answer 42

First past the post - candidate with majority votes wins. Preferential - the voters rank to candidates and votes are redistributed until one candidate has the favour. Optional preferential - voters rank as many and as few candidates as they like. Proportional - a candidate has to receive a certain amount of votes more than 50/50 to win.

Question 43

What part of the government does each way to win an election relate to?

Answer 43

In the Senate, the preferential voting system is used. In the House of Representatives, the preferential voting system is used.

Question 44

Who is most affected by the barriers to accessing the law?

Answer 44

People living in rural areas, migrants / people who don’t speak English as a first language, people of a lower socio-economic status, people with limited knowledge of the law.

Question 45

How does the media influence politicians?

Answer 45

The media is able to distribute information regarding current affairs of politicians, putting pressure on them to be conscious of their decisions.

Question 46

Good luck!

Answer 46

Thank you!!