Revision Questions

Question 1

Distinguish between private law (tort, contract, family, property) and public law (criminal, Constitutional, administrative, industrial) and examples.

Answer 1

private law - deals with how individuals/organisations interact with each other

public law - deals with dealings between government and individual/organisation (deals with people’s behaviour within society as a whole)

Question 2

Distinguish between civil law and criminal law

Answer 2

civil law - deals with non-criminal matters and governs the relation between members of the community. falls under private law

criminal law - governs how people should behave. deals with criminal matters where a crime has allegedly been committed. falls under public law

Question 3

distinguish between common and statute law

Answer 3

common law - laws made based on rulings by judges (only used when there is no appropriate statute law). When a judge finds that there is no law relating to a court case, they will make a decision themselves. This decision becomes a legal precedent, which means it is legally binding for all lower courts. If a similar situation was to occur, the lower courts must follow the precedent in making their decision.

statute law - these are laws from bills that have been passed in the Parliaments. can pass new statute laws to overrule common law

Question 4

what are precedents

Answer 4

Precedents are rulings in a previous legal case that serve as a guide for future situations with similar circumstances. All lower courts must follow the decision of the judge in a higher court (ensures fairness/consistency in the court system)

Question 5

describe the process of how laws are made in parliament (bills to laws)

Answer 5

1. law is proposed in cabinet, government lawyers draft bill (first draft of law)
2. 1st reading - bill is introduced into house of reps
3. 2nd reading - members debate and vote on the main idea of the bill
4. if majority vote in favour - house committee (optional) public inquiry into bill
5. 3rd reading - members vote on final form of bill
6. bill passed (if majority votes in favour)
7. similar process to the house of reps occurs in senate
8. If the Senate wishes to change something in the bill, it is sent back to the House of Representatives for another debate and vote
9. If the Senate approves the bill, it gets sent to the Governor-General for royal assent
10. now bill is Act of Parliament! (law)

Question 6

what is the constitution

Answer 6

a document outlining the powers of the government - what the government can/cannot do

Question 7

why do laws change

Answer 7

Laws need to appropriately govern society. As time passes, society’s morals and values can change, new technologies are developed and political circumstances change. Laws need to be robust and adequately account for these changes to ensure the safety and security of the community. An Act can therefore be amended if there is a perceived fault, problem or omission, or it needs to be updated to remain relevant and effective.

Question 8

how do laws change

Answer 8

If an Act to be amended, an amendment bill must be introduced into the Parliament. If the amendment bill is passed, the title of the Act then includes the word ‘amendment’ eg. Marriage Amendment (Definition and Religious Freedoms) Act. the process of the bill going through parliament is the same

Question 9

Which groups are involved in the process of change

Answer 9

In the process of change, lobby groups are private citizens who attempt to persuade or influence the decisions of the government. This can be done by writing letters or emails to government officials or even meeting them in person to discuss concerns. In addition, protesters and social media activists have been effective in recent times. They ensure different perspectives are considered in the political process and that politicians then represent their electorates when proposing and voting on changes to laws in Parliament.

Question 10

advantages/disadv. of changing laws?

Answer 10

Advantages:
Chance to update and reform outdated laws which no longer represent the values, morals and ethics of society
Opportunity for citizens to participate in the democratic process by writing to their government representatives or voting in referendums

Disadvantages:
Costly and timed process, as seen in the bill amendment process requiring three readings across the Upper and Lower House
Can lead to a gradual increase in power of the state, e.g. COVID-19 laws gave more power to police and the state

Question 11

Why is it important that people can access the law?

Answer 11

The legal system is to ensure the rights and responsibilities of people in society. If people are unable to access the law, they may be discriminated against and consequently denied justice

Question 12

Which groups may have difficulty accessing the law

Answer 12

People with disabilities
Migrants
Young people
Elderly
People living in rural or remote areas
People with low levels of education
Low income earners
Homeless people
LGBTQIA+
Aboriginal and Torres Strait Islander people

Question 13

what are the 5 key barriers of making it harder to access the law

Answer 13

Cost - obtaining good legal advice can be expensive. not everyone can afford

Time - trials can be lengthy and result in people not being treated fairly in the process “justice delayed is justice denied”

Distance - people need to go to different places to access the law eg. lawyer’s office, police stations, court etc. Travelling can be time-consuming, costly and difficult to arrange

Procedures - people lack awareness and knowledge of the law, this can be intimidating and confusing and deter them from pursuing legal action

language - difficultly in understanding legal terminology.

Question 14

what does accessing the law mean

Answer 14

Access means equal opportunity for all people to make use of the legal system

Question 15

outline the 4 main methods of voting

Answer 15

first past the post - person with the most votes wins (no majority required)

preferential - absolute majority required (1/2 of formal votes + 1). a formal vote is one that has all candidates ordered in preference. whichever candidate has least votes for first preference is removed, whoever voted for them has their second preference counted. repeats until a candidate achieves absolute majority

optional preferential - similar to preferential but the number of preferences you number is optional

proportional - An election where more than one candidate will be elected, and so successful candidates only need to win a certain proportion or quota of votes. The remainder of their votes are then redistributed

Question 16

what is legal capacity

Answer 16

Legal capacity refers to the ability of a person to legally do something. For example, a person under the age of 16 does not have the legal capacity to drive a car

Question 17

distinguish minor and adult

Answer 17

A minor is a person under 18 years of age, whereas an adult is 18 or over

Question 18

What are some examples of minimum age requirements for when rights and responsibilities are granted to young people? Why do you think these differences exist?

Answer 18

Minimum age requirements exist because there are different maturity levels at different ages. Different activities can also pose a risk to the safety of young people. Having age requirements helps to better protect children. For example, children cannot drink alcohol. Children under 16 cannot drive a car.

Question 19

When is a young person considered to be an adult in different criminal situations?

Answer 19

young person can be tried as an adult for indictable (serious) offences.

Question 20

can a young person be:
a) accused
b) a witness
c) victim

Answer 20

a) children under the age of 10 cannot be charged with a criminal offence (doli incapax)

children 10-14 have limited responsibility. needs to be proven that they knew what they were doing was ‘seriously wrong’

children 15+ can be found criminally responsible and have conviction recorded in Children’s Court (where it will be erased in 3 years if good boy)

b) yes, if they are proven they understand the oath

c) anyone can be a victim, so yes

Question 21

Explain the two elements that must be proven to in a criminal case

Answer 21

1. Actus reus; the accused actually committed the act. generally has three aspects: (1) the act occurred, (2) the accused did it and (3) they were not forced to (i.e. it was voluntary)
2. mens rea; the accused intended to commit the act. can take several forms; negligence (failing to be aware of a risk), reckless (being aware of a risk but not doing anything), intention (purposely doing it)

Question 22

outline 6 main types of penalties and their adv/disadv

Answer 22

check notes

Question 23

How can some incidents lead to both civil and criminal law action?

Answer 23

Sometimes, the same incident may involve both criminal law and civil action. For example, Lee snatches Fiona’s bag and, in doing so, breaks her arm, making it impossible for her to work and also causing considerable pain and suffering. The police catch Lee and charge him with assault and robbery. He is eventually given a large fine and a suspended jail sentence. Fiona can now take out a civil case against Lee seeking a sum of money as compensation for her lost wages, as well as for her pain and suffering.

Question 24

What is a contract and its elements?

Answer 24

contract - legally binding agreement

elements:
offer - a party makes an offer
acceptance - clear acceptance by the other party
consideration - each party gives up something of value

Question 25

what is negligence

Answer 25

in situations where one has a duty of care, negligence is doing (or failing to do) something that a reasonable person would be expected to do

Question 26

what is duty of care

Answer 26

a legal obligation/responsibility to take reasonable steps to not cause foreseeable harm to another person

Question 27

outline 6 methods of dispute resolution

Answer 27

for civil matters:

mediation - a neutral third party called the mediator helps to resolve the dispute. The mediator does not act for either parties or provide advice. They do not decide the outcome and only facilitate the process of coming to a conclusion

conciliation - a neutral third party called the conciliator helps resolve the dispute. they provide their own advice and opinions, but do not decide the outcome. plays a more active role than the conciliator

arbitration - a neutral third party called the arbitrator helps to resolve the dispute. If the parties involved cannot reach an agreement the arbitrator will decide the outcome. The arbitrator’s decision is legally binding meaning both parties must accept the decision. Failure to abide by the decision can result in penalties. much more involved than conciliation and mediation

for criminal matters:

warnings - a person < 18 y/o may be given a warning. They are often used for less serious offences. They are quick and informal and don’t go on their criminal record

formal cautions - more serious than warnings. commonly given to under 18s. a formal warning will be given in writing, and you must sign it to acknowledge you understand. not recorded on criminal record

conferencing - more serious than caution but not more serious than court hearing. The purpose of a conference is to draw up a plan that is agreed to by all participants, including the victim. People who may attend include the accused, people responsible for the accused, victim, support person for victim, investigative officials, specialist youth officer. No criminal record

Question 28

define entrepreneur

Answer 28

a person who has an idea and is willing to take a risk in order to make a profit

Question 29

benefits/negatives of being entrepreneur (self-employed)

Answer 29

check notes

Question 30

How do you identify a business opportunity?

Answer 30

find a gap in the market

Question 31

5 factors to consider when identifying business opportunities?

Answer 31

market research, target audience, demographics, location, competition

Question 32

outline classifying by size

Answer 32

small: less than 20 (risky; usually sole trader or partnership)
medium: 20-199 (less risky; usually partnership or private company)
large: +200 (less risky; either private company or public company)

Question 33

outline classifying by industry

Answer 33

Primary: business involved in the collection of natural resources eg. farming, mining, fishing, forestry etc

Secondary: business that take the products from the primary industry and process it into a finished or semi-finished product eg. car manufacturer, cheese factory etc

Tertiary: businesses that provide services eg. retailers, dentists etc. This industry is further subdivided into specific types of services:
a) Quaternary: services that involve the transfer and processing of information and knowledge eg. telecommunication, property, finance, education etc
b) Quinary: services that are traditionally performed in the home eg. hospitality, tourism, craft-based activities, childcare etc

Question 34

outline classifying by legal structure

Answer 34

main types of businesses: sole trader, partnership, private company, public company

There are generally 5 main legal structures for businesses. These include: sole trader, partnership, private company, public company. Sole traders and partnerships are unincorporated (they are not a separate legal entity to their owner) while private and public companies are incorporated (meaning they have separate legal existence with their owners).

Sole trader

business that is owned and operated by one person
most common type of business
cheapest to establish
sole trader receives all profit and all losses
all profit is tax free but counts as personal income (which is taxable)
sole trader has unlimited liability
they are responsible for the debts of their business, and can be forced to sell personal assets to pay for such debts
e.g. private tutors

Partnership

owned/operated by between 2 - 20 people (called partners)
required to have a partnership agreement which details names and details of partners, percentage of ownership and conflict resolution procedures
the partners share their profits and losses
partners share profits tax free, however they are taxed on their personal incomes
all partners have unlimited liability
e.g. restaurants

Private company

usually has between two and 50 private owners called shareholders
these businesses tend to be small to medium in size
Shares in private companies are offered only to those people the business wants as part-owners
must have the words ‘Proprietary Limited’, abbreviated to ‘Pty Ltd’, after its name
main advantage: shareholders have limited liability
if the business cannot pay its debts, a shareholder generally loses only the money she or he has invested in the business
e.g. some sports teams

Public company

can have an unlimited number of shareholders
shares for public companies are listed on the Australian Securities Exchange (ASX)
general public may buy and sell shares in those companies
shareholders in public companies have limited liability
must have the word ‘Limited’, abbreviated to ‘Ltd’, after its name
They are required to produce an annual report and have their accounts audited by an accounting firm
e.g. any company on the stock exchange

Question 35

define incorporation

Answer 35

process whereby a company has become a separate legal entity from its owners

Question 36

define goodwill

Answer 36

the monetary value of a business’s reputation

Question 37

define limited reliability

Question 38

define niche market

Answer 38

a small segment of a market segment

Question 39

define competitive advantages

Question 40

define target market

Question 41

define unlimited liability

Answer 41

when a business owner is fully responsible for a business’s loss and profit. this means they can lose more money than they invested, since they will need to pay for the debt of the business