Reasons for Laws
What term describes a state of chaos where the strongest person dominates and the weak suffer when there are no rules?
Anarchy
How many Local Courts exist in NSW, and who decides the verdict — is there a jury?
Over 160 Local Courts. There is NO jury — a magistrate hears the cases, decides the verdict and sets the punishment.
What are the two ways that laws can be made in Australia?
Statute Law (Acts of Parliament) and Common Law (laws made by judges through their decisions).
What is the "age of criminal responsibility" in Australia, and what does it mean?
10 years old. From this age, a person can be prosecuted for an offence because they are considered capable of distinguishing right from wrong.
Name FOUR barriers that can prevent people from accessing the law.
Cost, Time, Procedures (limited legal knowledge), Language (not English first language), Distance (living remotely).
Name TWO of the four main roles of laws in society.
Any two of: Establish boundaries / Protection / Freedom / Resolving disputes
What types of cases are heard in the District Court, and what is the civil claim range?
More serious civil cases ($100,000–$750,000), all motor vehicle accident cases, and serious criminal matters such as armed robbery and manslaughter.
What is a legal "precedent" and why does it matter?
A precedent is a record of a judge's decision kept for future reference. Judges traditionally give similar decisions in similar cases — this helps achieve fair and just outcomes by setting a rule or pattern for future cases.
Name the four types of civil wrong (torts) covered under the law of tort.
Negligence, Defamation, Nuisance, Trespass.
When was the Commonwealth of Australia formed, and what were the six colonies called after Federation?
1 January 1901. The six colonies became States.
What is the key difference between a "rule" and a "law"?
Rules are non-legal (set by schools, clubs, etc.) and apply only to those directly involved; laws apply to everyone in the community and carry serious penalties.
What is the maximum civil claim amount heard in the Supreme Court of NSW, and what criminal cases does it handle?
Claims over $750,000; it handles the most serious criminal cases such as murder, treason, and serious sexual assaults.
In the case study, which precedent case helped Dr Grant win? What did both cases have in common?
Donoghue v. Stevenson. In both cases, the company had a duty of care to provide safe products; both consumers became ill after using the product correctly, which was negligence on the manufacturer's behalf.
What is the difference between an indictable offence and a summary offence? Give one example of each.
Indictable: serious crimes (e.g. armed robbery, homicide, murder) heard in District/Supreme Courts. Summary: Less serious crimes (e.g. minor assault, petty theft, vandalism) are heard in the Local Court.
What is Customary Law and why did European settlers incorrectly believe Aboriginal and Torres Strait Islander peoples had no laws?
Customary Law is law based on customs and rituals passed on by word of mouth, varying across ~600 Indigenous groups. Settlers thought there were no laws because there were no written rules, parliaments, courts, police or prisons — but this was incorrect; Elders administered law based on kinship.
Which of the four roles of law allows citizens to own a business, drive a car, or get married?
Freedom — the law tells society what people CAN do.
What makes the High Court of Australia unique, and where is it located?
Located in Canberra. It is a federal court — decisions are final and apply to the whole country. It hears appeals from state Supreme Courts and interprets the Australian Constitution.
Explain what "statutory interpretation" means and how it creates new law.
Courts make law when they interpret (decide on the meaning of) words in a parliamentary law. The new meaning applies as a law from that point onwards and must be followed by judges in lower courts (principle of precedent also applies).
The Johnny Depp v. Amber Heard case is an example of which type of civil wrong? Justify your answer.
Defamation — where a person injures another person's reputation. Depp lost millions in roles because of claims made about him.
What was the Native Title Act 1993, and who is it connected to?
It was the first piece of Australian legislation to formally recognise Customary Law. It followed Eddie Mabo's 1982 legal action against Queensland, which resulted in the High Court ruling in favour of the Islander plaintiffs.
Give a specific example of how a law reflects society's values, as discussed in the topic.
Drink-driving laws reflect society's attitude that placing other road users at risk through intoxication is unacceptable. (Accept murder/assault laws protecting the value of human life.)
If a person is unhappy with the ruling of the Local Court, what process can they use, and what are the financial consequences?
They can appeal to a higher court to have their case reviewed. The cost of a trial becomes more expensive the higher up the court hierarchy it goes.
Explain the relationship between State Parliaments, Local Councils, and Federal Parliament in making Statute Law. What happens if State and Federal laws conflict?
Federal Parliament makes laws for all of Australia; State Parliaments make laws within their state and delegate some power to local councils. Statute Law always overrides Common Law. If State and Federal laws conflict, Commonwealth Law prevails under the Australian Constitution. Only the High Court can overturn a law if it is unconstitutional.
Explain the difference between private law and public law, and give an example of each.
Private law deals with how individuals interact with each other and their rights/duties (e.g. civil/contract law). Public law regulates people's behaviour within society as a whole to protect individual freedoms (e.g. criminal law — crimes against the state).
Explain the difference between Domestic Law and International Law, and give the most prominent example of an international law body.
Domestic Law governs behaviour within one's own country (e.g. speed limits, parking). International Law sets standards for nations and their citizens on cross-border issues, fostering good relationships and avoiding conflict. It is mainly developed through treaties. The most prominent body is the United Nations (UN).