Unit 1 - Chapter 1 - Law in Society Flashcards
What do rules do?
They tell us what we can and cannot do and what to expect when dealing with others. (as this is how they create social order)
For example a tennis game needs rules otherwise discrimination could occur or conflicts can become unresolved.
What are legal rules?
Legal rules (or laws) apply to all individuals with-in that particular society (eg. country, state or council), they are enforced through the courts where the issue is resolved and made by law making bodies such as parliament or local councils. Consequences of breaking a legal rule such as committing theft means you’ll be punished through the courts.
What are non-legal rules?
Non-legal rules are made by leaders or individuals in groups so these rules therefore apply to everyone that belongs to the particular group and are non existent to outsiders. These rules cannot be enforced by the courts. An example would be the rule to wear school uniforms at Padua, if a student didn’t wear their uniform they wouldn’t be sent to court but instead to their coordinator. Consequences of breaking a non-legal rule such as cheating on a test in school would mean the receive a punishment from the school.
Why do we need laws/rules?
All societies whether primitive or complex have legal and non-legal rules to regulate behaviour and govern family, social, political and economic life.
What is the function of law?
The function of law is to maintain social cohesion which is basically having a community where people are able to live with each other in a peaceful manner.
List some of the functions of law.
. The law reflects community values (political, social, moral and economic values)
. The law established codes of conduct (set boundaries of acceptable behaviour)
. The law resolved disputes (the role of the courts and tribunals to interpret and apply the law)
. The law provides for change (the law need to meet the changing needs of society)
List the criteria for an effective law.
. known to the public . acceptable to the community . able to be enforced . stable . able to be changed
KAASA
Why does a law have to be known to the public to be effective?
If the public doesn’t know of the existence of a new law they can’t be expected to abide by it. Although individuals have some responsibility to find out laws on a particular matter, law-makers also need to keep the public informed of any changes. Major changes in law are usually reported in the media and many are debated in the media before the change is even finalised.
Why does a law have to be acceptable to the community to be effective?
If the community deems laws unacceptable the members may not want to abide by them. For example, prior to 24/7 shopping becoming legal in Victoria, many stores opened and closed illegally because both consumers and store owners wanted the extended hours even though it was illegal. The community didn’t accept restricted shopping hours and therefore didn’t follow the rules. Whereas people abide by the law to wear seat belts because they can see it’s value.
Why does a law have to be able to be enforced to be effective?
If people break a law they need to be able to be caught and punished otherwise people will be less inclined to follow a law. A law needs to be enforceable because it cannot fulfil it’s purpose of deterring people if no one can be brought to justice. For example Victoria police has implemented many strategies to reduce road toll such as RBT’s, drug testing and the use of speed and red light cameras along with heavy penalties which deters most drivers from breaking the law, hence reducing road toll.
Why does a law have to be stable to be effective?
Laws need to remain fairly stable in order to be effective. Although change is necessary for our evolving society, laws can’t constantly change because no-one would be certain of what the law was, it wouldn’t be fair to the public and there would be chaos.
Why does a law have to be able to be changed to be effective?
Our society is constantly evolving, community values are changing and there are new advances in technology, therefore our laws need to follow. Although consistency is needed in laws, change is can still take place because our laws need to be able to meet new issues. For example the widespread use of computers has created the need to for new laws (stealing another persons identity for illegal gain, cyber bullying).
How do people find out about new laws?
People find put about new laws through various forms of media such as advertisements on television, radio, newspapers and even social media. However reminders of the law can also be shown, this is done through it’s enforcement because it shows others the other ever present punishment waiting for them of they break the law.
What are the characteristics you look at to help you differentiate between criminal and civil law/cases?
. Aim . Who brings the case to court . Parties to the dispute . Standard of proof . Burden of proof . Consequences
What is Criminal law?
Criminal law protects the community by keeping it at peace. It relates to the acts or omissions against society such as murder, theft and assault.
What is the aim of Criminal Law?
To apprehend, persecute and punish people who have broken the law along with deterring others from breaking the law.
Who brings Criminal Cases to court?
The prosecution or the state can be the police who act on behalf of the community and take the alleged offender to court.
Who are the parties in a criminal case dispute?
The parties to a Criminal dispute include the prosecution and the accused (who are innocent until proven guilty).
What is the standard of proof in a Criminal Case?
The extent to which cold cases must be proven in criminal court is beyond question of a doubt (it is judged by a jury of everyday people).
Who has the burden of proof in a criminal case?
The prosecution.
What are the consequences in Criminal Cases?
Consequences include fines, imprisonment and community based orders.
What is Civil law?
Civil law protects the rights of individuals rights, it refers to disputes between two parties (civil actions). For example family law, property law, tort law and contract law.
What is the aim of Civil law?
To return the person whose rights have been infringed to the original position.
Who brings civil cases to court?
The plaintiff brings the case to court, as they are the individuals who claim that they have been wronged.
Who are the parties in a civil case dispute?
The plaintiff (which is only in civil law) and the defendant are the parties to the dispute.
What is the standard of proof on a civil case?
Standard of proof is based on balance of probabilities, so basically which story is more probable (how verdicts are made).
A who has the burden of proof in a civil case?
The plaintiff.
What are the consequences in civil cases?
Consequences include paying compensation or damages, injunction (restraining someone from doing something or compelling someone to do something).
What is Australia’s history of political and legal structures?
Australia’s political and legal strictures have been strongly influenced by it ever present links to British empire, before the 20th century the Commonwealth of Australia didn’t even exist, instead there were 6 separate British colonies with individual parliaments as if these colonies were separate countries.
What view about Australia’s structure was starting to spread by the late 1800’s?
Many colonists felt it was time to unite as one nation in order to strengthen Australia’s defence,simplify immigration along with rail transport, tariffs and trade issues.
What were the founding fathers responsible for?
Initiating the federal system because they proposed that the colonies become a federation of states within the commonwealth of Australia.
When was australia federated?
The Commonwealth of Australia Constitution Act (UK) was passed in 1900 and came into play on the 1st of January 1901, this is when Australia was officially federated.
What did the Constitution do for Australia?
Not only did it federate Australia, it also established the commonwealth parliament as the central law-making body.
What is Australia’s system of government?
Constitutional Monarchy.
