Nature of Law
A law is a rule that regulates the conduct of a particular community or country. There are legal consequences for breaking a law.
What is the top court in the Australian court system?
What is the top court in the Australian court system?
What are the two classification/section/branches of laws?
Public and Private law
What is a customary law?
Laws that are traditional and has become a natural part of the accepted and expected conduct in a community.
This is treated as a legal requirement.
What is a law reform?
Law reform is
Name 1 reason why we have laws.
- To maintain stability
- To protect people
- To establish a standard of behaviour
- To ensure accountability
How many jury members are there in a civil and criminal case?
Civil case has up to 6 jurors.
Criminal case has 12 jurors.
A civil case is individual/organisation vs individual/organisation.
A criminal case is individual/organisation vs the state.
How were laws developed by Aboriginal peoples?
Definition as well.
Word of mouth. This is when the laws were communicated verbally.
Social influence, political circumstances, technological advancements or economic position.
Name the 3 levels of government.
- Federal, State and Local
Define a unanimous verdict, majority verdict and hung jury.
Unanimous verdict is when all jury members collective decide on the same decision.
Majority verdict is when more than half the jury members agree with the same verdict.
A hung jury is when jurors are unable to reach a unanimous or required majority verdict after thorough deliberation. This means they cannot agree on whether the defendant is guilty or not guilty.
What do you know about the Rebel Wilson case study we looked at in class?
Rebel Wilson's case was a civil case as she was suing Bauer media group for defamation, claiming they produced articles spreading false information about her which resulted in her losing job bookings (financial).
What was Eddie Mabo's goal?
He began his notion to challenge the European’s perception that Aboriginal peoples did not have any legal title over the land. He was ultimately successful as as the Meriam people of Murray Island were able to prove their ongoing occupation and ownership of the land.
Provide an example of a social influence that has changed a law?
(hint: we explored this in class)
Women's right to vote.
For each level of government, name a key area/industry they govern over.
State: Schools, hospitals, transport, police, ambulance, etc.
Local: Parking, town planning, building approvals, childcare, sport fields, etc.
What is the difference between a common law and a statue law?
Common law, also known as judge-made laws or case laws, are developed through the decisions made by judges in court.
These decisions are made based on precedent, whereby the judge can use it as adequate reasoning. Common laws are more flexible and adaptable to circumstances.
Statue law, also known as Acts of Parliament, are developed in parliament and must be obeyed but all people within their jurisdiction. As it is formally written down and passed, the laws are clearer and more accessible.
What do you know about the Adel Khan case study we looked at in class?
Adel Khan's case was a criminal case whereby he was taken to caught for attempting to commit insurance fraud. His action of burning down his shop also killed 3 people.
What was the purpose of circle sentencing?
To remove barriers that existed between Indigenous peoples and the legal system.
Define 1 method to promote change and provide an example to support.
Use of media: Using social media to generate public interest and support. e.g. 'Let them be kids' campaign
Lobbying: structured group who has direct contact to politicians and their staff.
Individual actions: Individuals can influence politicians through writing letters or emails, making phone calls, attending public meetings, participating in petitions, and engaging in peaceful protests or demonstrations.
What is the difference between the house of senate and house of representatives?
The house of senate is the upper house. They represent the people of their state or territory.
The house of representatives is the lower house and forms the government. They represent the people in their electorates.
What is a constitution?
Constitutions are essentially a rule book which outlines the powers of parliament as well as any potential restrictions.
It is the fundamental law for governing Australia, establishes its federal system, the structure of its Parliament and government, and the division of powers between the Commonwealth and the states.
Are the following laws public or private:
Administrative law
Contract law
Industrial law
Property law
Constitutional law
Administrative law - PUBLIC
Contract law - CONTRACT
Industrial law - PUBLIC
Property law - CONTRACT
Constitutional law - PUBLIC
Who is involved in the process of circle sentencing?
Magistrate
Defendant
Victim
Legal Representatives
Elders
What was the social media ban?
Name one method taken to affect it and whether it was successful or not.
Social media ban prevents kids under 16 years old to have an account on social media. They believe the risks of social media, such as cyberbullying, harmful content, and online predators, outweigh the positives.
Let them be kids (media campaign) was successful.
Lobbying by tech companies was unsuccessful.