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CMN228 > Session 1 > Flashcards

Session 1 Flashcards

1
Q

What do laws exist to maintain?

A

Social order and harmony.

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2
Q

What do laws exist to defend?

A

Ownership and rights.

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3
Q

What does law exist to settle?

A

Disputes.

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4
Q

What do laws exist to ensure?

A

Fairness.

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5
Q

What do laws exist to deter?

A

Harm to lives, property, business or reputation.

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6
Q

What do laws exist to penalise?

A

Wrongdoing.

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7
Q

Does law exist to protect?

A

Yes.

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8
Q

Who does law specifically protect?

A

The vulnerable.

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9
Q

Does the law require fair conditions?

A

Yes.

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10
Q

What does the law deliver?

A

Justice.

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11
Q

What are the three reasons to know media law?

A

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

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12
Q

What is the first reason to know media law?

A

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

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13
Q

Who do laws apply to?

A

Everyone.

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14
Q

Is having no knowledge of the law a defence?

A

No.

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15
Q

How does knowing the media law affect limits?

A

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

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16
Q

Can the penalties for breaking laws be prohibitive?

A

Yes.

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17
Q

Why can the penalties for breaking laws be prohibitive?

A

Court costs and legal fees can often outweigh damages.

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18
Q

What is one example of contempt law?

A

Sub judice contempt.

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19
Q

What does contempt law impose?

A

Special restrictions.

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20
Q

What does sub judice contempt usually mean?

A

That no public comment can be made about the issue.

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21
Q

Does Australia have strict defamation laws?

A

Yes.

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22
Q

Is it easy to defame someone in Australia?

A

Yes.

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23
Q

How many points does the test for defamation have?

A

Three.

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24
Q

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

A

The nine defences for defamation.

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25
Q

What do intellectual property laws affect?

A

The areas of writing, reporting and publishing.

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26
Q

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

A

To avoid being intimidated.

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27
Q

Why should you have knowledge of media law?

A

Because knowledge is power.

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28
Q

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

A

Less.

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29
Q

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

A

Less.

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30
Q

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

A

To maintain professionalism.

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31
Q

Is a level of knowledge expected in the workplace?

A

Yes.

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32
Q

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

A

Yes.

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33
Q

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

A

As its your reputation is on the line.

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34
Q

Who do laws affect?

A

Everyone.

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35
Q

Who do ethics apply to?

A

Only apply to certain individuals/groups.

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36
Q

Does a breach of ethics or laws carry consequences?

A

A breach of either carries consequences.

37
Q

Are laws legally enforceable?

A

Yes.

38
Q

Who enforces laws?

A

Police.

39
Q

Who do the police enforce laws on behalf of?

A

Society.

40
Q

Are there real consequences for breaking laws?

A

Yes.

41
Q

What the consequences for breaking laws?

A

Fines, damages, injunctions and loss of liberty.

42
Q

What do ethics fall under?

A

Guides, rules or codes.

43
Q

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

A

No.

44
Q

Who enforces ethics?

A

Professional bodies.

45
Q

What are examples of professional bodies?

A

Clubs, leagues, associations and professions.

46
Q

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

A

No.

47
Q

What may occur if the ethical rule is breached?

A

Reprimand, suspend or expel the individual.

48
Q

What are the two types of court procedures?

A

Adversarial and inquisitorial.

49
Q

What type of court system is used in Australia?

A

Adversarial.

50
Q

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

A

Those that base their legal system on the common law.

51
Q

What countries have adversarial systems?

A

Most Westminster nations and the US.

52
Q

What does the adversarial legal system require?

A

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

53
Q

What does the judge act like in the adversarial system?

A

A referee.

54
Q

What kind of mentality is there in the adversarial system?

A

Win/lose.

55
Q

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

A

Yes.

56
Q

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

A

To determine the outcome.

57
Q

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

A

Yes.

58
Q

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

A

Admission of evidence.

59
Q

What does the judge determine in an adversarial legal system?

A

All matters of law.

60
Q

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

A

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

61
Q

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

A

All matters of fact.

62
Q

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

A

Evidence.

63
Q

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

A

Guilty or not guilty.

64
Q

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

A

If the case is proven or dismissed.

65
Q

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

A

Evidence presented to the court.

66
Q

Is the inquisitorial legal system used in Australia?

A

Not used in Australia.

67
Q

Where is an inquisitorial legal system typically used?

A

In countries that base their country on civil law.

68
Q

What is another term for civil law?

A

Roman law.

69
Q

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

A

In the inquisitorial, the judge has more power.

70
Q

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

A

No.

71
Q

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

A

Yes.

72
Q

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

A

Active.

73
Q

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

A

Yes.

74
Q

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

A

By directing police and questioning the accused/witnesses.

75
Q

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

A

Yes.

76
Q

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

A

Any questions they want.

77
Q

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

A

To discover the truth.

78
Q

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

A

One or more.

79
Q

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

A

Lay judges.

80
Q

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

A

No.

81
Q

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

A

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

82
Q

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

A

No.

83
Q

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

A

They are found guilty unless guilt can be disproven.

84
Q

What kind of system does Australia operate under?

A

Common law system.

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

85
Q

What is a common law system?

A

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

86
Q

Is the common law system based on rule of law?

A

Yes.

87
Q

How many countries use a common law system?

A

Less than 30.

88
Q

What is the most popular legal system globally?

A

Codified civil law.

89
Q

Codified legal system are what kind of systems?

A

Inquisitorial style systems.

CMN228 (11 decks)

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