The Role and Structure of the Legal System Flashcards
(21 cards)
What are laws and why do they exist?
Laws maintain order, protect people’s rights, and reflect society’s values, morals, and ethics.
Example: Laws against theft protect people’s property, while traffic laws prevent accidents.
Three levels of government & their responsibilities:
Federal, State/Territory, Local
Federal
Handles national matters like immigration, defence, and taxation.
Example: The Australian government sets income tax rates.
State/Territory
Manages schools, hospitals, and transport.
Example: NSW controls public transport and state education.
Local
Responsible for town planning, waste collection, parks, and libraries.
Example: Sydney City Council oversees garbage collection schedules.
Role of the High Court
The High Court of Australia interprets the Australian Constitution, resolves disputes between states or government levels, and ensures laws are constitutional.
Example: The High Court decided in Mabo v Queensland (1992) that Indigenous Australians have native land rights.
Legal Personnel & Jury Roles
Judges, Lawyers, Juries
Judges
Oversee trials, ensure fairness, and decide sentences in criminal cases.
Example: A judge determines if someone convicted of fraud should serve jail time or pay fines.
Lawyers
Defend or prosecute individuals in legal cases.
Example: A defence lawyer argues why their client is innocent.
Juries
Groups of citizens selected to decide guilt or innocence in serious criminal cases. Example: A jury in a murder trial decides if the accused is guilty based on evidence.
How are laws made?
Common law, Statute law
Common law
Made by judges based on previous court decisions (precedents).
Example: A judge rules that employers must provide flexible work arrangements in certain cases.
Statute law
Made by Parliament and officially written into law.
Example: The Fair Work Act sets rules for minimum wage.
Customary Law & Aboriginal and Torres Strait Islander Peoples
Customary law is a traditional system of rules and social guidelines used by Indigenous Australians for thousands of years. It is increasingly recognized in legal matters.
Example: Some Indigenous communities apply traditional punishment systems for resolving disputes.
Types of Law
Public law, Private law, Criminal law, Civil law, Domestic law, International law
Public law
Governs relationships between individuals and the government.
Example: A person breaking criminal law (theft) is prosecuted by the government.
Private law
Deals with relationships between individuals or businesses.
Example: A person sues a company for selling faulty products.
Criminal law
Focuses on crimes and punishments.
Example: If someone is found guilty of assault, they may be sentenced to prison.
Civil law
Focuses on disputes (compensation rather than punishment).
Example: A person sues a neighbour for property damage caused by negligence.
Domestic law
Laws applied within Australia.
Example: Australian road rules dictate speed limits.
International law
Agreements between countries regulating global issues.
Example: Trade agreements between Australia and other nations.
