Laws Flashcards
Four main roles of law
1) Boundaries of acceptable behavior
2) Protections form the actions of others as well as your own behavior
3) Freedom to do things by telling society what people can do
4) Resolving disputes in order to stop people take the law into their own hands
Common Law
The decisions made by judges which become a precedent for other courts to follow (especially lower courts).
Precedent Law
A previously good decision that serves as a rule or pattern in future cases made by a judge in a higher court.
Court Hierarchy (Bottom)
Local Court (also hear children's cases and coroners) The local court hears civil cases up to $100,000 damages and summary offenses (minor criminal offenses) such as stealing, drink driving, possession of drugs and indecent language.
Court Hierarchy (the middle court in NSW)
The district court operates in Sydney and some regional centres such as Bathurst. They deal with more serious civil cases between $100,000 and $750,000 of damages. It also deals with more serious cases such as robbery and burglary. The district court also hears appeals from the local court. Then can deal with all criminal offenses except murder, treason and privacy.
Court hierarchy (highest court in NSW)
The Supreme Court deals with the most serious criminal cases such as; murder, treason and privacy. It also hears civil cases over $750,000 damages and appeals from lower courts.
Court Hierarchy (Highest court - located in Canberra)
The high court is located in Canberra and hears appeals form state supreme courts. It also hears cases concerning the Australian Constitution and disputes between states.
Civil Laws
Civil law, is part of private law and it deals with non criminal matters. It allows members of the public to bring actions against others (individuals,companies or institutions) for a civil wrong done to them
The 2 main areas to them:
1) contract law
2) tort law
Reasons for law
Society has a set of rules called laws which everyone is expected to obey. The reasons for law is to avoid the disadvantages of anarchy. Anarchy is defined as disorder or confusion due to the absence of government or laws.
Criminal Law
To protect society and individuals from others doing the wrong thing and to make the community feel safe.
What does torts stand for? What does it mean?
Negligence, defamation, nuisance, trespass - a civil wrong
Negligence is where a person fails to take reasonable care and as a result they injures someone.
Defamation is where a person injures another person reputation.
Nuisance is where a person causes unreasonable interference with another persons right to quiet enjoyment of their property.
Trespass is where a person interferes with another persons property rights.
Statute law
A law which is made in parliament.
Advantages of the jury system
1) The final decision is made up by more then one person.
2) Provides an opportunity for the community to understand the final decision
3) There is a widespread acceptance of the jury system
4) juries are independent and impartial decision makers who are not controlled by the government
Disadvantages of the jury system
1) Juries do not have to give reason for their decision
2) Jurors could be biased and may be influenced by their own personal prejudices
3) costs a lot to operate the jury system and is time consuming
4) juries can be persuaded by clever lawyers
Private law
Also known as civil law
