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Commerce > Law and Society > Flashcards

Law and Society Flashcards

1
Q

Define Anarchy

A

When there is no law or government, and society is unable to function.

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2
Q

Define Burden of proof

A

The legal principal that the prosecution must prove that the accused is guilty of the crime.

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3
Q

Define Case

A

A proceeding in a court of law.

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4
Q

Define Fundamental rights

A

Those rights to which every human is entitled.

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5
Q

Define Indictable offences-

A

Serious offences that require a full trial with a jury e.g. murder

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6
Q

Define Judge

A

legal professional who presides over District, Supreme and High Courts. Role is to advise the jury, and pass the sentence.

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7
Q

Define Jury

A

A random group of people chosen from the community to determine guilt or non-guilt of an accused in criminal law matters.

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8
Q

Define Legal Binding decision

A

An order that is given by a court and must be followed

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9
Q

Define Natural justice

A

The right to be treated fairly in legal matters.

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10
Q

Define Presumption of innocence

A

The belief that an accused party is innocent unless proven that the party has committed the crime.

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11
Q

Define Summary offences

A

Less serious crimes that are dealt with by the Local Court, e.g. shoplifting.

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12
Q

Define Civil law

A

Laws that govern the legal relationship between individuals and organisations

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13
Q

Define Codification

A

Making common law into statute law.

Common law- laws that are established by the decisions of judges.

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14
Q

Define Concurrent powers

A

constitutional powers that are held by both the state and Commonwealth governments.

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15
Q

Define Criminal law

A

Laws to protect the general public from harm.

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16
Q

Define Ethics

A

Values that relate to doing what is believed to be right.

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17
Q

Define Duty of care

A

Responsibility to ensure your actions do not harm other people or their property.

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18
Q

Define Exclusive powers

A

Constitutional powers that are held by the Commonwealth Government.

19
Q

Define Family law

A

The body of law that deals with family issues e.g. marriage

20
Q

Define Morality-

A

Values that relate to doing what is believed to be good.

21
Q

Define Referendum

A

A vote by the people to change the constitution.

22
Q

Define Residual powers

A

Constitutional powers that are held by the state governments.

23
Q

Define Statute law

A

Laws made by parliament.

24
Q

Define Statutory rights

A

Those rights that are derived from laws passed by parliament.

25
Q

Define Mediation

A

Using a neutral third party to help resolve a legal dispute between two parties.

26
Q

Difference between law and society

A

Rules and regulations are not laws. A rule is specific and applies only to some people some of the time, while laws applies to all of us at all of the time.

27
Q

Ranking of the courts

A
  • High
  • Family -Federal
  • Supreme
  • District
  • local
28
Q

What does a local court deal with

A

presided over by magistrate

  • Deals with minor criminal matters (summary offences)
  • Conducts committal proceedings for serious matters (indictable offences)
  • Police need to prove that there is sufficient evidence to show that there is a case to answer.
29
Q

What does the district court deal with

A

Presided by judge.
Criminal trials have jury(12 people)
-$40,000 to $750,000 civil matters
-Compensation for motor vehicle.

30
Q

What does the supreme court deal with

A
  • Court of record can produce common law.
  • civil matters over 75,000
  • serious criminal matters
31
Q

What does the federal court deal with

A

Legal matters involving federal law, e.g. immigration,tax

32
Q

What does the high court deal with

A
  • Constitution
  • appeals
  • last court of appeal
  • breaches in the constitution by law makers
33
Q

What are the court personnel

A
  • Judges and magistrates are the presiding officers of court.
  • Lawyers are advocates; criminal cases are prosecutor and defence lawyer.
  • Juries are an important part of legal system.
  • Used in all criminal trials
34
Q

What are the 2 main types of law

A
  • Private Law- These is law that deal with the way individuals interacts with each other. Civil law
  • Public Law- Criminal Law. Exists to protect the general public from harm. Criminal law, the prosecution presents the case on behalf of the Crown, prosecution needs to prove beyond reasonable doubt.
35
Q

What are the 6 main types of criminal activities

A
  • Crimes against persons (Homicide, assault)
  • Crimes against property ( Larceny, Break and Enter, Robbery)
  • White-Collar Crime (Tax evasion), Crimes against the State (Treason, Sedition)
  • Public Order offences (Drunk and disorderly)
  • Traffic Offences
36
Q

What is Mens Rea and Actus Rea

A

Mens Rea- Guilty Mind, need to prove that person intended to commit the crime.
Actus Rea- Need to prove that person actually committed the offence.
- Anyone over 10 can be charged with criminal offence.
- Children can give evidence and interview children.

37
Q

Features of public law

A

Public Law

  • Rights of citizens come from statute and common law.
  • Division of Powers (Commonwealth and State, Commonwealth has Exclusive, Concurrent, State has Concurrent and residual)
  • Commonwealth laws have precedence.
  • Constitution makes it so that no one group can overrule another.
38
Q

Features of civil law

A

governs legal relations between individuals and organisations. Person bringing case forward is termed plaintiff. Other is defendant.
3 main types of civil law are:
-contract law
- property law
- tort law (civil wrongs, four types; negligence, nuisance, defamation, trespass.)

39
Q

Where is law made from

A
  • Based on Two Sources- Statute and Common Law.

- Statue Law involves parliament passing a bill.

40
Q

Features of common law

A
  • Based on rulings of judges.
  • Have to follow precedent.
  • Donoghue v Stevenson, House of Lords set precedent of duty of care.
  • Courts of records are only High, Supreme and federal courts and can set precedent.
  • State supreme courts don’t have to follow each others precedents.
41
Q

How can law be changed

A
  • Changing Statute Law is made by amendments from parliament.
  • Changing Common Law can be made by the decisions of different judges.
  • For example, one judge’s precedent can be overruled by full bench.
  • Common Law can be overruled by statute
42
Q

How to change constitution

A

Constitutions are difficult to change, need referendum and double majority. Only eight out of 42.

43
Q

Features of legal aid

A
  • Australians have right to free trial, not lawyer
  • Introduced by Gough Whitlam in 1972, anyone can get 15 minutes of free legal advice, but if they want more advice, need to pass the Means test (Can you pay for a lawyer), merit test (can you win the case), jurisdiction case (Legal Aid can only provide for certain legal matters)
  • Children’s legal needs have automatic right to Legal Aid.

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