Law, Society and Political Involvement Flashcards
(53 cards)
What is a law?
Laws are rules and regulations that apply to all people at all times and have legal consequences if they are not followed.
Why do we have laws?
~ Establishing boundaries - Establishes universal standards that must be upheld and promote rightful behaviour and disincentivize unethical behaviour.
~ Protection - Laws protect law-abiding citizens from being affected by wrongdoing, therefore keeping them safe.
~ Freedom - Laws have the ability to inhibit and increase freedom.
~ Resolving disputes - Creates a streamline process for deciding the consequences for certain actions instead of making it a subjective matter.
What is the difference between values, morals and ethics?
Values ~ Core beliefs or principles that guide behaviour and decision making e.g. politeness and loyalty.
Morals ~ Standards of right and wrong that are based on values.
Ethics ~ Rules or codes of conduct which dictate how people should behave.
Why do the separation of powers exist and what are they?
The Separation of Powers exists to ensure that the same body of government is NOT making the laws, enforcing the laws and interpreting the law in court.
~ The Parliament has the power to create laws and change them.
~ The Executive Council has the power to enforce laws via a range of government departments, e.g. police and governor general.
~ The Judiciary has the power to make judgement in law, e.g. courts.
What is the division of powers?
The collaboration between the federal and state parliaments is referred to as the division of powers.
Explain the division of powers.
~ The federal government is accountable for issues that impact all Australians such as money, immigration, post, telephones, the internet and defence.
~ State and territory governments are responsible for issues that specifically impact people in a certain state or territory such as public transport, schools, hospitals and policing.
~ Local councils are responsible for issues that impact local communities such as rubbish collection, recycling, parks, sports fields, pet control and parking.
Why is there a court hierarchy?
A court hierarchy is necessary to filter the nuance and relevance of cases so that the most qualified judiciaries are dealing with the most severe and important legal cases that affect the whole country while those of less complex experience handle smaller cases that are not as impactful.
What does the Local Court do?
Local Court
- Minor civil disputes
- Summary offences (minor criminal matters)
- Bail applications
- Applications for Apprehended Violence Orders (AVOs).
What does the District Court manage?
District Court
- Serious civil cases for claims over $100 000 up to $750 000.
- All accidents with motor vehicles.
- Severe criminal matters such as armed robbery and manslaughter.
- Appeals from the local court.
What does the Supreme Court manage?
Supreme Court
- The most severe criminal cases including murder, treason and serious sexual assault.
- Civil cases over $750 000 are heard here.
- Appeals from the lower two courts.
What does the High Court manage?
High Court
- Handles appeals from the state and territory Supreme Courts.
- Solves disputes about the Constitution.
What does the Children’s Court manage?
- Cases involving the care and protection of children and young people.
- Hears cases regarding underage offenders.
What does the Coroner’s Court manage?
Coroner’s Court
- Investigates deaths that occurred by unnatural causes in order to determine details and specifics.
- Origins of fires and explosions.
What does the Family Court manage?
Family Court of Australia
- Resolves nuanced family law cases that often involve divorce and parenting disputes.
What does the Drug Court of NSW manage?
The Drug Court of NSW
- Attempts to find long-term solutions for drug abuse offenders by promoting becoming clean, seeking employment and preventing the need to commit crimes to continue doing drugs.
- To be referred to the Court, the offender must be eligible to the Drug Court Program via assessment and detoxification.
- Each individual receives a plan tailored to their specific experience.
How do appeals work in the court system?
In the court system, an appeal is an application to a higher court to reconsider a decision made by a lower court, focusing on whether the law was correctly applied, not a re-hearing of the original case.
Which court interprets the Australian Constitution and how?
The High Court interprets the Australian Constitution by reviewing cases that somehow breach the Constitution.
How many jurors are there for a civil case and how many for a criminal case?
A jury in a criminal trial contains 12 people while a jury in a civil trial contains 6 people.
Who are all the legal personnel in a court room?
- Magistrate: A magistrate, a qualified legal practitioner, controls the lowest court and they are addressed as ‘Your Honour’ within the court. The magistrate decides whether the accused is guilty or innocent and decides the punishment or money owed (in a civil case).
- Judge’s associate: A qualified lawyer who organises the majority of paperwork.
- Members of the public: In certain cases, members of the public listen and observe.
- Members of the media: They observe the trial to report to media outlets.
- Sheriff’s Officers: They serve summonses and monitor the court as security.
- The accused
- The jury: Jurors can be anyone on the electoral roll who is selected. The jury decides on the balance of probabilities whether the defendant is liable in civil cases, and in criminal cases they must find the accused guilty or innocent beyond reasonable doubt.
- A prison officer: They are from the prison where the accused is being held.
- The counsel for the defence: If the defendant pleads guilty, they must aim to reduce the punishment but if the defendant pleads not guilty, they must convince the judge/jury that the accused is innocent. In a civil case, the counsel must persuade a judge (and sometimes a jury) that no crime has been committed so that the defendant won’t pay damages.
- The prosecutor: They ask witnesses to reveal information to prove that the accused is guilty to a jury.
- Barrister: They represent the plaintiff in civil cases.
- Witnesses: They give information from the witness box.
- The tipstaff: They maintain order in the court.
- The judge: The judge is addressed as ‘Your Honour’. They must listen to the case of the prosecutor and counsel for the defence but they cannot interrogate witnesses.The judge ensures that the jurors understand the proceedings and evidence shown and if the jury decides that the accused is guilty then the judge will decide the punishment or sentence.
What is the process of selecting juries?
Empanelment is the process of selecting jurors where potential jurors will walk past the accused and their counsel as well as the prosecution. The counsel can observe them in order to decide whether or not they are suitable to remain on the jury. The counsel can make a challenge from when the juror stands up until they reach the jury box.
What are reason FOR juries?
- Juries are independent from the government and can make impartial decisions.
- Regular citizens can participate in the legal system.
- It allows the community to understand the final decision.
- Having multiple people deliver a verdict eliminates corruption.
- A jury is an accurate representation of society’s attitudes and values.
What are reasons AGAINST juries?
- Some people cannot serve so it is not a true reflection of society.
- Regular citizens may not understand legal concepts.
- Juries don’t have to justify their decisions.
- Juries can be convinced by the finesse of lawyers instead of concrete evidence.
- Media coverage may cause bias within a trial.
- Selecting a jury is time-consuming and not cost efficient.
- Personal prejudices can impact their decisions.
Who is Lady Justice and what does she represent?
Justice is often represented with the concept of Lady Justice, who reinforces the idea that justice is pursued through a combination of fairness and equality.
Scales - represent the legal system weighing up both sides of the argument equally
Sword - symbolising that punishments should be imposed on those who are guilty
Blindfold - demonstrates that justice is impartial - it is not influenced by wealth, race, religion, gender or status - and that all people are treated as equal.
How are laws made?
The Cabinet discusses a proposition for a new law or change to a law and the members of Cabinet decide what to do. If the majority of the House of Representatives are for the bill, it is passed onto the senate. The Governor General will provide royal assent for a bill if it voted for approval by the Senate. If the Governor General approves the bill and signs it, it becomes an Act of Parliament that is legally binding for all Australians.
