Commerce Study Task 1 Flashcards
(71 cards)
Outline the 4 main reasons for laws
Protection - Laws are there for our overall benefit even though it may restrict some behaviours
Stability and order - Establish boundaries, ensure safety and avoid anarchy
Freedom - Shows society what they can/can’t do
Resolves disputes - People in society are assigned to handle disputes between the victim and the accused.
What makes laws change?
When societal beliefs change
What is Law reform?
Law reform is the process of changing and updating laws so that they reflect current standards of a modern society.
Outline the 5 barriers to the legal system
Cost: Not everyone can afford legal advice and representation. Obtaining legal advice can be very expensive. Fees charged by lawyers and baristas is very high If a legal case is prolonged or is subject to appeal, the legal costs can very quickly mount up. Often, legal aid can be difficult to obtain. This may deter people from exercising their legal rights to solve their problems.
Time: The prospect of a lengthy trial is another barrier to equal access to the law. The saying ‘justice delayed is justice denied’ means that if a trial drags on for a long period then people are not treated fairly. For example, a woman suing a tobacco company died before the lengthy case was settled. While some delays are inevitable, particularly in terms of police investigation of crime scenes and the gathering of forensic material, cases should be settled promptly once all evidence is assembled.
Distance: There are a range of places you need to go in order to access the law including offices of lawyers, police stations and courthouses. Living in remote places may mean that you will have to travel long distances on multiple occasions if you need to see a lawyer or visit a police station or court house. This could be both time consuming, costly and very difficult to arrange, especially if you don’t have a driver’s licence or access to public transport.
Procedure: When confronted with legal issues, you face a number of problems. Firstly, because of your limited knowledge of the law, you may not be aware that you have certain rights or responsibilities. Your access may be restricted because of your ignorance of the law. If you have to go to court, the procedures can be intimidating and confusing. People can also be denied access to the law because they perceive that the legal system is insensitive to their needs. This is not often seen in sexual offence cases.
Language: If english is not your first language, it may be difficult to understand the legal terminology and procedures. Without the assistance of an interpreter, you may not understand what is going on during a court hearing. Even finding help from a lawyer or translating legal documents may pose a problem. Not being able to communicate your needs can limit your access to the law.
Outline Common Law
Key points:
➡ Is based on the rulings of the judges.
➡ It is when there is no current statute law that can be applied to the situation
system of law based on the previous decisions of judges, or precedents
➡ The judge’s decision can be used in the future for case that are similar as a precedent
➡ A precedent happens when there is no specific law for a situation, so a previous court decision is used to help make the decision of the new case.
➡ A decision by a higher court (supreme court) can abolish precedent and parliament can pass acts to make common law a statute.
What is common law based on?
The rulings of the judges
Common law relies on judicial decisions rather than legislative statutes.
What is a precedent in common law?
A previous court decision used to help make the decision of a new case
Common law fills the gaps left by statutory law.
What can abolish a precedent?
A decision by a higher court (supreme court)
Precedents guide judges in similar future cases.
How is common law made
Common law, also known as judge-made or case law, is developed through judicial decisions, where judges interpret existing laws and precedents (previous rulings) to decide new cases, creating new legal principles that become binding for future similar cases. Also not that Parliament can pass acts to make common law a statute.
This establishes a consistent application of law.
Outline key aspects of statute law
➡ Statute law refers to laws made by Australia’s parliament
➡ Statute law is also called legislation or acts of parliament.
➡ It applies to everyone and provides clear, written rules.
➡ It can override common law if needed.
➡ It covers areas like criminal law, road rules, and tax laws.
➡ Judges must follow statute law when making decisions in court.
➡ Parliament can change or remove statute laws as needed.
Higher court rulings can change the interpretation of law established by precedents.
What is the Federal and state upper and lower houses?
State upper: Legislative council
State lower: Legislative assembly
Federal parliament upper: Senate
Federal parliament lower: House of Representatives
This transforms common law principles into formal legislation.
Outline the process of a bill becoming a law ( simple answer)
The process of a bill becoming an act includes a first reading, second rating, a debate, passed by both houses and approved by governor general, act, assent and commencement.
Explain the process of a bill becoming a law (extended answer)
A proposed new law, or changed law, is discussed in Cabinet. Often, people in Australia put pressure on the government to change something. A decision is then made on what to do.
If the government decides to proceed, government lawyers are asked to draft a bill. A bill is basically a ‘first draft’ of an Act of Parliament.
Copies of the bill are given to all members of the House of Representatives. The members read the material in their own time. This is known as the ‘first reading’.
The bill goes through a ‘second reading’. During this stage, the responsible minister (for example, the Minister for Immigration if the bill is to do with migrants) describes the main purpose and likely benefits of the bill. Speakers from the Government and Opposition say what they think about it. Debates may take weeks. Then there is a vote. If the majority vote in favour, the bill moves to the next stage.
The bill is debated again, this time bit by bit. This stage is known as the committee stage, as the debate occurs in parliamentary committees. Changes to the bill may be made.
The bill, including any changes made during step 5, goes through a ‘third reading’ in the house. A vote is taken. If the majority vote for it, the bill is passed through to the Senate.
Similar processes to those outlined in steps 3 to 6 occur in the Senate. If the Senate decides to change something, the bill is referred back to the House of Representatives for another debate and vote. Sometimes the Senate may refuse to approve a bill. If it is a money supply bill, the Governor-General calls for a double dissolution of parliament (as the government cannot govern without money). If the Senate votes to approve the bill, it is sent to the Governor-General for royal assent.
The Governor-General meets with a select number of government ministers in a meeting of the Executive Council. If he or she approves and signs the bill, it becomes an Act of Parliament. It is now legally binding for all Australians.
Define Bail
Bail is an agreement, often involving a financial deposit, that allows a person charged with a crime to be released from custody while awaiting trial, with the condition that they will attend court and comply with any set conditions such as having a curfew.
What does bail reflect
Government intentions to keep society safe
In regards to bail, If the accused can show cause why they should be allowed in the community, what do they need to do?
Complete the risk test
Outline Bail Act 2013
An individual who is arrested and charged with an offence will spend their time in the community prior to the trial or be held in a jail based on a bail authority who is the police or judge
n 2024, two new bail act reforms were proposed and passed, outline each.
March 2024 - Targeting Young offenders - New Bail test for 14-18 year olds
Boast and Post offenders - Any person who films a crime and uploads it to social media will receive a 2 year minimum sentence in addition to other crimes committed
June 2024 - Targeting domestic violence of a serious nature
Must show cause as to why they should not be put into jail awaiting a hearing
Electronic monitoring is condition of bail
Historic offences of other types of abuse will be considered against accused
Magistrates and judges are the only people who can make these bail decisions
Outline the MOLLY TRICEHURST case study in regards to bail
Molly’s ex boyfriend, Daneille Billings, was given bail even after committing the offences of stalking, intimidating sexual assault and animal cruelty. He killed her whilst out on bail, and breached the AVO she put out against him, which did not protect her.
When was Australia’s government formed
in 1901 when all of Australia’s states and territories united to form our federation
Australia’s government is a:
Constitutional Monarchy - the king of england is still our head of state and is represented by the governor general
Representative Democracy - refers to the process by which people of our society vote in the party they want to serve Australia.
NOTE: Australia’s government system is based on the concept of democracy; that is the citizens have the right to choose the leader. We all have equal rights and responsibilities. It also assumes no one is above the law
Australia has a adopted the westminster system of government, where power is broken into three separate groups/sections. Outline the 3 sections
The Judicial Branch
Enforces the law
Includes high court, supreme court, district court and local court
Legislative Branch
Makes and passes laws
Includes the parliament and governor general
Executive Branch
Proposes bills and makes decisions about the running of the country
Prime Minister and cabinet
How does the hierarchy of federal and state courts work
The court system operates under a hierarchy which relates to the seriousness of the offence. The higher courts hear more serious matters and the lower courts hear less serious crimes. Each court has authority or jurisdiction over specific legal matters.
From lowest to highest list the 4 courts
Local, District, Supreme, High
