Session 1 Flashcards
What do laws exist to maintain?
Social order and harmony.
What do laws exist to defend?
Ownership and rights.
What does law exist to settle?
Disputes.
What do laws exist to ensure?
Fairness.
What do laws exist to deter?
Harm to lives, property, business or reputation.
What do laws exist to penalise?
Wrongdoing.
Does law exist to protect?
Yes.
Who does law specifically protect?
The vulnerable.
Does the law require fair conditions?
Yes.
What does the law deliver?
Justice.
What are the three reasons to know media law?
To keep ourselves out of trouble, to avoid being intimidated and to maintain professionalism.
What is the first reason to know media law?
The first reason to have knowledge of media law is that we need to keep ourselves out of trouble.
Who do laws apply to?
Everyone.
Is having no knowledge of the law a defence?
No.
How does knowing the media law affect limits?
It is important to know the limits on what can be published and discussed.
Can the penalties for breaking laws be prohibitive?
Yes.
Why can the penalties for breaking laws be prohibitive?
Court costs and legal fees can often outweigh damages.
What is one example of contempt law?
Sub judice contempt.
What does contempt law impose?
Special restrictions.
What does sub judice contempt usually mean?
That no public comment can be made about the issue.
Does Australia have strict defamation laws?
Yes.
Is it easy to defame someone in Australia?
Yes.
How many points does the test for defamation have?
Three.
When writing, to avoid defamation, what should you write towards?
The nine defences for defamation.
What do intellectual property laws affect?
The areas of writing, reporting and publishing.
What is the second reason to have knowledge of media law?
To avoid being intimidated.
Why should you have knowledge of media law?
Because knowledge is power.
Will having knowledge of media law make you feel more or less inhibited?
Less.
Will having knowledge of media law make your more or less fearful of the unknown?
Less.
What is the third reason to have knowledge of media law?
To maintain professionalism.
Is a level of knowledge expected in the workplace?
Yes.
Should you have an interest in understanding and working within the law?
Yes.
Why should you have an interest on working within the law?
As its your reputation is on the line.
Who do laws affect?
Everyone.
Who do ethics apply to?
Only apply to certain individuals/groups.
Does a breach of ethics or laws carry consequences?
A breach of either carries consequences.
Are laws legally enforceable?
Yes.
Who enforces laws?
Police.
Who do the police enforce laws on behalf of?
Society.
Are there real consequences for breaking laws?
Yes.
What the consequences for breaking laws?
Fines, damages, injunctions and loss of liberty.
What do ethics fall under?
Guides, rules or codes.
Do police have anything to do with the enforcement of ethics?
No.
Who enforces ethics?
Professional bodies.
What are examples of professional bodies?
Clubs, leagues, associations and professions.
Is there any effect if the person making a breach of ethics is a non member?
No.
What may occur if the ethical rule is breached?
Reprimand, suspend or expel the individual.
What are the two types of court procedures?
Adversarial and inquisitorial.
What type of court system is used in Australia?
Adversarial.
Adversarial legal systems occur in countries that base their legal system on?
Those that base their legal system on the common law.
What countries have adversarial systems?
Most Westminster nations and the US.
What does the adversarial legal system require?
Opposing sides to bring out information and to present and cross-examine witnesses in front of an impartial judge/magistrate.
What does the judge act like in the adversarial system?
A referee.
What kind of mentality is there in the adversarial system?
Win/lose.
Do judge and juries have a set role to play in the adversarial legal system?
Yes.
Why do judges and juries have a set role to play in the adversarial legal system?
To determine the outcome.
In the adversarial system, are there laws that allow for the strong protection of the defendant?
Yes.
In an adversarial legal system, what is an example of rules that allow for a strong protection of the defendant?
Admission of evidence.
What does the judge determine in an adversarial legal system?
All matters of law.
In an adversarial legal system, what will the judge explain?
All relevant laws to the jury, determine the admissibility of evidence and impose the penalty.
In an adversarial legal system, what will the jury determine?
All matters of fact.
What does the jury listen to in the adversarial legal system?
Evidence.
What will the jury determine in a criminal trial in the adversarial legal system?
Guilty or not guilty.
What will the jury determine in a civil trial in the adversarial legal system?
If the case is proven or dismissed.
In an adversarial legal system, what must judgements on guilt be based on?
Evidence presented to the court.
Is the inquisitorial legal system used in Australia?
Not used in Australia.
Where is an inquisitorial legal system typically used?
In countries that base their country on civil law.
What is another term for civil law?
Roman law.
What is the main difference between the adversarial legal system and the inquisitorial legal system?
In the inquisitorial, the judge has more power.
In the inquisitorial legal system, is the judge required to be impartial?
No.
In the inquisitorial legal system, can the judge have preconceived opinions on guilt?
Yes.
In an inquisitorial legal system, does the judge take an active or passive role?
Active.
In the inquisitorial legal system, can the judge investigate facts?
Yes.
In the inquisitorial legal system, how can the judge investigate facts?
By directing police and questioning the accused/witnesses.
In the inquisitorial system, can the judge can preconceived ideas on guilt?
Yes.
In the inquisitorial system, what questions can the judge ask?
Any questions they want.
What is the judge’s aim in the inquisitorial legal system?
To discover the truth.
In the inquisitorial legal system, how many judges may the bench have?
One or more.
In the inquisitorial legal system, what may some judges be?
Lay judges.
Are there any formal rules of evidence in an inquisitorial legal system?
No.
Why is there no formal rules of evidence in the inquisitorial legal system?
The judge will have enough evidence to determine relevance and have skills to determine if information has biases.
Is there a presumption of innocence in the inquisitorial legal system?
No.
What does the inquisitorial legal system having no presumption of innocence mean?
They are found guilty unless guilt can be disproven.
What kind of system does Australia operate under?
Common law system.
Codified civil law is the most popular legal system globally. These systems are inquisitorial style systems.
What is a common law system?
A common law system is where judges and courts administer statute law and set/observe precedents.
Is the common law system based on rule of law?
Yes.
How many countries use a common law system?
Less than 30.
What is the most popular legal system globally?
Codified civil law.
Codified legal system are what kind of systems?
Inquisitorial style systems.
