Reasons for Law
What is law?
A set of legal rules to create and maintain a sense of order
Name 5 different types of courts
Local, District, Supreme, High, Federal, Drug, Coroners, Family.
What is a precedent
A previous legal decision that serves as a rule in future cases
What is statute law?
A law implemented by parliament
Justice delayed is justice denied referring to what barrier?
Time
What is the difference between rules and laws
Laws are able to be enforced by the police and the courts.
Define 'age of criminal responsibility'. What is the age of criminal responsibility in Australia?
The age of criminal responsibility is the age below which a child is deemed incapable of having committed a criminal offence
Define common law.
The decisions given by judges. It may occur because a judge has to decide on a case where there is no existing law that regulates it.
True or false: statute law overwrites common law.
True, it always does.
What are 5 barriers to accessing the law?
Cost, time, distance, procedure, and language.
Why can laws change?
Laws can change due to society's standards.
Which court deals with civil cases for claims up to $750 000?
The District Court
Explain the term 'beyond reasonable doubt'.
It means that the prosecution in criminal matters bears the burden of proving the accused is guilty of the offences charged beyond a reasonable doubt.
What type of authority does parliament have when making laws?
It has supreme authority when making laws, as it can make, change, or pass laws.
List TWO reasons why 'procedures' is a barrier in accessing the law.
Limited knowledge of the law, of certain rights or responsibilities, and court procedures can be intimidating and confusing.
Define customary law.
Consists of rules that come from "a general practice accepted as law" and exist independent of treaty law
Local - bins, swimming pools, library, gardens
State - health, education, policing
Federal - changes in law, defence, aviation,
Explain how precedents are used in new cases.
If there is a case with similar circumstances, a judge may use the decisions from the previous similar case to make a decision for the current case.
RANDOM TOPIC:
Explain the term 'adversarial' system.
The adversarial system or adversary system is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a judge or jury, who attempt to determine the truth and pass judgment accordingly.
List THREE individuals/groups of people that may not have an equal opportunity in law?
Unemployed, uneducated, have drug or alcohol problems, have a mental illness or are Indigenous Australians.
List 4 types of civil law cases.
Negligence, defamation, compensation, workplace injury, housing
How many judges does the High Court of Australia consist of?
7
RANDOM TOPIC:
Explain the role and importance of a jury.
A jury is a group of 12 people randomly selected to decide whether an accused person in a criminal trial is either guilty or not guilty.
Juries play a central role in our justice system. This service allows members of our community to play an active role in the administration of justice.
RANDOM TOPIC:
Explain the term 'inquisitorial system'. Which country/ies uses this system?
A legal system where the court is actively involved in proof of facts by taking investigating the case. The judge inquires into the case to find the truth, guiding the questioning of witnesses/victims.
Why is it important for people to have equal access to the law?
Because the function of our legal system is to ensure that people’s rights are protected. This can only happen if all people are able to make use of the legal system when they need to.