Legal Studies Flashcards
(40 cards)
What are laws
a set of legal Rules that can be enforce by a court of law. Enforced by the police as well and the courts
Courts
a place where people can resolve disputes relating to law
Anarchy
disorder or confusion due to the absence of government or laws. Obeying the law, a sense of order is created.
How to make a law
- By the government - these laws are known as legislation. They pass through the two houses of parliament as a bill and once agreed on are sent to the governor general for royal assent.
- By the courts - precedent/common Law is a decision in a case by a judge which is the first of its kind.
Reason for laws
- To establish boundaries of acceptable behaviours and determines which actions will not be tolerated.
- Protection from the actions of other as well as our own behaviour. It does this by telling society what people cannot do
- Freedom to do many things by telling society what people can do
- Resolving disputes in order to stop people from taking the law into their own hands.
Values
Principles, standards or qualities considered worthwhile or desirable in society
They are feelings or attitudes we hold as important.
Examples include moral values, social, economic, political values.
Ethics
A ‘set of moral beliefs governing behaviours’ - concerned with choosing between values. They are concerned with what we ought to do, what is tight, in a particular situation
Usually considered as more universal than the concept of values.
Rules or standards governing the conduct of a person or the membes fo a profession
Values and ethics
Values and ethics are closely interrelated: both are concerned with what is good, right or fair.
Values and ethics underpin a number of our laws, but it is difficult to make laws that reflect everyone’s values and therefore they often follow the majority.
Socially accepted values change overtime, and law must also change to reflect this.
An Example could include the December 2017 Postal survey for same sex marriage.
Rules of Morality and Ethics
We develop a sense of what is right and wrong from the moral and ethical values of our society
Often society’s moral and ethical values reflect the beliefs, attitudes and values of religious institutions.
Laws reflect changes in society
New laws are introduced to keep up with the change in social values, technology and political circumstances.
Changing political circumstances can bring about radical changes to the law.
e.g. Terrorist attacks on the World trade Centre
New technology can force changes int eh law
Cameras can lead to invasions of privacy
people who work within the system
Magistrates and Judges, Courts, parliament, Juries, Lawyers, the Police force, Prison officials, politicians, Government Ministers
Institutions
Federal, state and Territory Parliaments
Courts and tribunals
Prisons.
Parliament
The role of the Australian Parliament is ‘to make laws for the peace, order and food government of the Commonwealth’ (s.51 Australian Constitutions)
The constitution divides power between the state and the Commonwealth and each state has its own representative in parliament.
Role of Parliament
The Parliament makes law
This is called statute law
Parliament makes laws through the legislative process by passing written bills of laws, which when given royal assent (approval) become acts of Parliament which must be followed.
Parliament can make new laws and change existing one.
The changing of an existing law is called law reform.
Statute law has supremacy over common law (Judge made law - precedent)
Courts and tribunals
Courts have an important role in the Australian Legal System - they resolve disputes
Courts apply statute law
Judges can make laws when deciding cases: this is called common law. (precedent Law)
How are laws changed and altered
Bill is proposed
Sent to the House of representatives, If all agreed upon, it will proceed to the senate.
The senate house, if all agreed upon will need royal assent
If there are disagreements, the bill will be go back and forth until all agreed upon
Governor general will sign it and then it will become law.
Prisons
Prisons hole people
Convicted of a crim
On remand
What role does it play
Rehabilitation
Punishment
Deterrent
Divsion of powers
Local, state, federal
They all have their own power to make decisions
Have their own separate responsibilities
Are elected by people
Local
Responsibilities -
Household pets
Libraries
Parks
Rubbish collection
Community and public facilities.
State
Upper house (legislative Council) and a lower house (legislatives assembly) Head of government is the premier and the head of state is the Governor
Responsibilities -
Education
Emergency services
Law and order (police)
Public transport
Federal
Federal Parliament
Upper house (Senate) and a lower house (House of Representatives). The prime minister is the head of government. The Federal government makes decisions that will affect the whole country.
Responsibilities -
Currency
Defence
Foreign Affairs
Immigration
Medicare
Taxation
Court Hierarchy
Deals with the most serious matters, lower courts hear less serious matters.
Factors include the sentence such as the crime or the money being dealt with.
If an individual is unhappy with the ruling of a lower court, they can appeal the decision and have their case reviewed in a higher court.
Really expensive and time consuming to have cases heard.
Each court deals with specific legal matters over which it has authority and jurisdiction. IN this way, each court becomes an expert in their area of law.
Local Court
The Local Court
Bottom of the hierarchy
All criminal cases and more than 90% of civil cases being in the Local Court
Less serious nature.
Local courts don’t have judges. They are instead a magistrate. Magistrates decide on both the verdict and the punishment because it is a less important charge.
A magistrate can imprison an offender for up to two years per offence, or a maximum of five years
Any claims up to $100,000
Summary offences (minor criminal matter)
A magistrate also presides over committal/preliminary hearings
Bail applications
Issues arrest warrants, etc.
District Court
The ‘middle court’ in the state legal system
Cases are heard by a judge
Deals with more serious civil cases for claims over $100,000 up to $750,000
Armed robbery
Some cases of manslaughter
In some cases, a jury will decide whether the accused is guilty or not
May hear any appeals from the local court
