2024 T1 Commerce Law + Politics

Created by

soph b

Cards (238)

four main roles of law:
establishing boundaries, protecting the community from harm, allowing freedom, resolving disputes
difference between rules and laws:
rules are not enforceable through law/courts
values
relative worth, merit, or importance
morals  
principles or rules of right conduct or the distinction between right and wrong
ethics  
dealing with morals or the principles of morality (right and wrong in conduct)
appeal  
an application for a legal decision to be reviewed in a higher court
judge  
a court official who has the power to make decision on matters brought before a court of law
trial  
a process to determine whether someone committed a criminal act or caused another person a loss
sue  
to bring a civil action against another person for causing damage or injury
committal hearing  
a hearing in a local court to decide whether there is enough evidence to put a person on trial for an indictable (serious) offence
magistrate  
a court official who hears cases in the lowest court of law
jury  
a group of people selected to hear the evidence in a court case
bail  
conditional freedom granted to the offender
indictable offences  
major criminal matters
appellate jurisdiction  
if there is to be an appeal against the decision of the original court, the court that can hear the appeal has appellate jurisdiction
adversarial system  
when two opposing sides will present their arguments to an independent umpire (eg judge)
plaintiff  
brought the case against the accused
barrister  
an independent specialist advocate and advisor in law
hierarchy of courts  
local court (magistrates court) --> district court --> supreme court --> federal courts --> high court of australia
local (magistrates) court
lowest court, cannot hear appeals, no jury, most criminal and civil matters finalised here
district court of nsw  
has a judge and jury, can hear appeals from lower courts, serious criminal matters and civil matters between $100 000-$750 000)
district court examples
offences against the person (eg assault), property offences (eg robbery), drug offences, driving offences
district court of nsw does not have jurisdiction with cases of
murder and/or treason
supreme court of nsw
highest state court, most serious criminal matters (eg murder) and civil matters beyond jurisdiction of lower courts, judge and jury, appeals from lower courts
federal courts (eg family court of australia) 
complex family matters + cases involving areas in family law
high court of australia
highest court in australia, cases involving the interpretation of the australian constitution, deals with some appeals
childrens court of australia  
cases involving children, not publicised in media
childrens court of australia cases examples  
care and protection of children, criminal cases where the accused is under 18, traffic cases, etc
coroners court nsw  
sudden, unexpected, or unexplained deaths + fires and explosions
family court  
disputes between parents and other parental responsibility for children
drug court nsw
rehabilitation of drug-dependent offenders who would otherwise be sentenced to full-time imprisonment
no. of jurors in a civil case
6
no. of jurors in a criminal case  
12
role of the counsel for the defence
defends the accused. if the accused pleads guilty, they try to reduce their punishment/sentence. if the accused pleads not guilty, they try to prove their innocence. in civil cases, they argue no wrong has been committed
members of the public in court 
may listen and observe to most court proceedings
role of jurors  
in a civil trial, they must decide whether the defendant is liable. in a criminal trial, they must decide whether the accused is innocent or guilty beyond reasonable doubt.
liable  
responsible by law; legally answerable
role of judges associate  
trained lawyer who manages most of the paperwork
witness box  
where people give evidence
role of sheriff's officer  
serves summonses and provides security for the court