Session 1

Question 1

What do laws exist to maintain?

Answer 1

Social order and harmony.

Question 2

What do laws exist to defend?

Answer 2

Ownership and rights.

Question 3

What does law exist to settle?

Answer 3

Disputes.

Question 4

What do laws exist to ensure?

Answer 4

Fairness.

Question 5

What do laws exist to deter?

Answer 5

Harm to lives, property, business or reputation.

Question 6

What do laws exist to penalise?

Answer 6

Wrongdoing.

Question 7

Does law exist to protect?

Answer 7

Yes.

Question 8

Who does law specifically protect?

Answer 8

The vulnerable.

Question 9

Does the law require fair conditions?

Answer 9

Yes.

Question 10

What does the law deliver?

Answer 10

Justice.

Question 11

What are the three reasons to know media law?

Answer 11

To keep ourselves out of trouble, to avoid being intimidated and to maintain professionalism.

Question 12

What is the first reason to know media law?

Answer 12

The first reason to have knowledge of media law is that we need to keep ourselves out of trouble.

Question 13

Who do laws apply to?

Answer 13

Everyone.

Question 14

Is having no knowledge of the law a defence?

Answer 14

No.

Question 15

How does knowing the media law affect limits?

Answer 15

It is important to know the limits on what can be published and discussed.

Question 16

Can the penalties for breaking laws be prohibitive?

Answer 16

Yes.

Question 17

Why can the penalties for breaking laws be prohibitive?

Answer 17

Court costs and legal fees can often outweigh damages.

Question 18

What is one example of contempt law?

Answer 18

Sub judice contempt.

Question 19

What does contempt law impose?

Answer 19

Special restrictions.

Question 20

What does sub judice contempt usually mean?

Answer 20

That no public comment can be made about the issue.

Question 21

Does Australia have strict defamation laws?

Answer 21

Yes.

Question 22

Is it easy to defame someone in Australia?

Answer 22

Yes.

Question 23

How many points does the test for defamation have?

Answer 23

Three.

Question 24

When writing, to avoid defamation, what should you write towards?

Answer 24

The nine defences for defamation.

Question 25

What do intellectual property laws affect?

Answer 25

The areas of writing, reporting and publishing.

Question 26

What is the second reason to have knowledge of media law?

Answer 26

To avoid being intimidated.

Question 27

Why should you have knowledge of media law?

Answer 27

Because knowledge is power.

Question 28

Will having knowledge of media law make you feel more or less inhibited?

Answer 28

Less.

Question 29

Will having knowledge of media law make your more or less fearful of the unknown?

Answer 29

Less.

Question 30

What is the third reason to have knowledge of media law?

Answer 30

To maintain professionalism.

Question 31

Is a level of knowledge expected in the workplace?

Answer 31

Yes.

Question 32

Should you have an interest in understanding and working within the law?

Answer 32

Yes.

Question 33

Why should you have an interest on working within the law?

Answer 33

As its your reputation is on the line.

Question 34

Who do laws affect?

Answer 34

Everyone.

Question 35

Who do ethics apply to?

Answer 35

Only apply to certain individuals/groups.

Question 36

Does a breach of ethics or laws carry consequences?

Answer 36

A breach of either carries consequences.

Question 37

Are laws legally enforceable?

Answer 37

Yes.

Question 38

Who enforces laws?

Answer 38

Police.

Question 39

Who do the police enforce laws on behalf of?

Answer 39

Society.

Question 40

Are there real consequences for breaking laws?

Answer 40

Yes.

Question 41

What the consequences for breaking laws?

Answer 41

Fines, damages, injunctions and loss of liberty.

Question 42

What do ethics fall under?

Answer 42

Guides, rules or codes.

Question 43

Do police have anything to do with the enforcement of ethics?

Answer 43

No.

Question 44

Who enforces ethics?

Answer 44

Professional bodies.

Question 45

What are examples of professional bodies?

Answer 45

Clubs, leagues, associations and professions.

Question 46

Is there any effect if the person making a breach of ethics is a non member?

Answer 46

No.

Question 47

What may occur if the ethical rule is breached?

Answer 47

Reprimand, suspend or expel the individual.

Question 48

What are the two types of court procedures?

Answer 48

Adversarial and inquisitorial.

Question 49

What type of court system is used in Australia?

Answer 49

Adversarial.

Question 50

Adversarial legal systems occur in countries that base their legal system on?

Answer 50

Those that base their legal system on the common law.

Question 51

What countries have adversarial systems?

Answer 51

Most Westminster nations and the US.

Question 52

What does the adversarial legal system require?

Answer 52

Opposing sides to bring out information and to present and cross-examine witnesses in front of an impartial judge/magistrate.

Question 53

What does the judge act like in the adversarial system?

Answer 53

A referee.

Question 54

What kind of mentality is there in the adversarial system?

Answer 54

Win/lose.

Question 55

Do judge and juries have a set role to play in the adversarial legal system?

Answer 55

Yes.

Question 56

Why do judges and juries have a set role to play in the adversarial legal system?

Answer 56

To determine the outcome.

Question 57

In the adversarial system, are there laws that allow for the strong protection of the defendant?

Answer 57

Yes.

Question 58

In an adversarial legal system, what is an example of rules that allow for a strong protection of the defendant?

Answer 58

Admission of evidence.

Question 59

What does the judge determine in an adversarial legal system?

Answer 59

All matters of law.

Question 60

In an adversarial legal system, what will the judge explain?

Answer 60

All relevant laws to the jury, determine the admissibility of evidence and impose the penalty.

Question 61

In an adversarial legal system, what will the jury determine?

Answer 61

All matters of fact.

Question 62

What does the jury listen to in the adversarial legal system?

Answer 62

Evidence.

Question 63

What will the jury determine in a criminal trial in the adversarial legal system?

Answer 63

Guilty or not guilty.

Question 64

What will the jury determine in a civil trial in the adversarial legal system?

Answer 64

If the case is proven or dismissed.

Question 65

In an adversarial legal system, what must judgements on guilt be based on?

Answer 65

Evidence presented to the court.

Question 66

Is the inquisitorial legal system used in Australia?

Answer 66

Not used in Australia.

Question 67

Where is an inquisitorial legal system typically used?

Answer 67

In countries that base their country on civil law.

Question 68

What is another term for civil law?

Answer 68

Roman law.

Question 69

What is the main difference between the adversarial legal system and the inquisitorial legal system?

Answer 69

In the inquisitorial, the judge has more power.

Question 70

In the inquisitorial legal system, is the judge required to be impartial?

Answer 70

No.

Question 71

In the inquisitorial legal system, can the judge have preconceived opinions on guilt?

Answer 71

Yes.

Question 72

In an inquisitorial legal system, does the judge take an active or passive role?

Answer 72

Active.

Question 73

In the inquisitorial legal system, can the judge investigate facts?

Answer 73

Yes.

Question 74

In the inquisitorial legal system, how can the judge investigate facts?

Answer 74

By directing police and questioning the accused/witnesses.

Question 75

In the inquisitorial system, can the judge can preconceived ideas on guilt?

Answer 75

Yes.

Question 76

In the inquisitorial system, what questions can the judge ask?

Answer 76

Any questions they want.

Question 77

What is the judge's aim in the inquisitorial legal system?

Answer 77

To discover the truth.

Question 78

In the inquisitorial legal system, how many judges may the bench have?

Answer 78

One or more.

Question 79

In the inquisitorial legal system, what may some judges be?

Answer 79

Lay judges.

Question 80

Are there any formal rules of evidence in an inquisitorial legal system?

Answer 80

No.

Question 81

Why is there no formal rules of evidence in the inquisitorial legal system?

Answer 81

The judge will have enough evidence to determine relevance and have skills to determine if information has biases.

Question 82

Is there a presumption of innocence in the inquisitorial legal system?

Answer 82

No.

Question 83

What does the inquisitorial legal system having no presumption of innocence mean?

Answer 83

They are found guilty unless guilt can be disproven.

Question 84

What kind of system does Australia operate under?

Answer 84

Common law system. Codified civil law is the most popular legal system globally. These systems are inquisitorial style systems.

Question 85

What is a common law system?

Answer 85

A common law system is where judges and courts administer statute law and set/observe precedents.

Question 86

Is the common law system based on rule of law?

Answer 86

Yes.

Question 87

How many countries use a common law system?

Answer 87

Less than 30.

Question 88

What is the most popular legal system globally?

Answer 88

Codified civil law.

Question 89

Codified legal system are what kind of systems?

Answer 89

Inquisitorial style systems.