Commerce Answers

• Magistrate

  In charge of the lowest court, does not wear a wig or robe, decides if a person is guilty or innocent and determines punishment or damages
• Plaintiff


  The person who brings a civil case before the courts
• Defendant


  The person or group of people who infringed upon the victim's rights
• Accused


  The person or group of people who infringed upon the victim's rights
• Referendum


  A vote of the Australian people on a proposed change to the Australian Constitution
• Values


  Provide the principles and ideals upon which judgement is made
• Morals


  Foundation of a person's ability to judge between right and wrong
• Ethics


  Refers to the guidelines for conduct
• Democracy

  A way of governing that depends on the will of the people
• Republic

  A country with no monarch
• Anarchy


  No government
• Hung parliament


  When the two major parties have the same number of seats in the House of Representatives following an election
• Age of criminal responsibility

  In NSW, a child under the age of 10 years is considered incapable of crime. Section five of the Children (Criminal Proceedings) Act 1987 currently states: It shall be conclusively presumed that no child who is under the age of 10 years can be guilty of an offence.
• Federal Responsibility

  • Air travel
  • Currency
  • Defence
  • Foreign Affairs
  • Immigration
  • Medicare
  • Pensions
  • Taxation
• State Responsibility

  • Aboriginal Welfare
  • Education
  • Industrial Relation
  • Agriculture & Fishing
  • Law & Order
  • Community services
  • Environmental protection
  • Health
• Local Responsibility

  • Building Regulations & Development
  • Rubbish collection
  • Parks
  • Public Health
• Trials in criminal cases

  A trial may be by a judge alone or by a judge and jury. If there is a jury there are 12 jurors who all must decide guilty or not guilty. If they cannot decide it is called a hung jury and a new trial will take place. The jury does not take part in the sentencing of the convicted offender.
• Trials in civil cases

  A trial is usually by a judge alone but the parties may request a jury. The jury has 8 members and only 6 out of 8 have to decide that the defendant is liable. The civil jury also gives its recommendation on how much money should be paid in the case if the plaintiff is successful.
• Burden of Proof in criminal trials

  The finding of guilt or innocence must be beyond a reasonable doubt. The judge or jury must be sure that the accused is the one who committed the crime.
• Burden of Proof in civil trials


  The burden of proof is on the balance of probabilities which means that it is more probable that one side is correct. The judge or jury listens to both sides then they weigh the evidence and make a decision.
• Records in criminal cases


  The convicted offender has a criminal record.
• Records in civil cases

  There is no criminal record. In some cases, the settlement could affect the future business and personal interests of the party who is found liable.
• The court hierarchy

  • High Court
  • Supreme Court
  • District Court
• How a bill turns into a law


  1. Writing of the bill

  2. First Reading

  3. Second Reading

  4. Committee

  5. Third Reading

  6. Bill gets taken to the Senate

  7. First Reading

  8. Second Reading

  9. Committee

  10. Third Reading

  11. Royal Assent
• Separation of Powers

  Members of parliament can make laws but have to face elections regularly. An independent judiciary has the power to ensure that parliament and the executive are acting within the limits of the Constitution. Government ministers have to gain the approval of a majority of both houses of parliament if they want to bring any new laws. Government ministers are all members of parliament and are individually accountable (or answerable) to parliament.
• Arms of Government


  • Judicial Arm
  • Executive Arm
  • Legislative Arm
• Australian Labor Party

  Its policies promote social justice, compassion and a fair go for all. Its main aims are to: ensure wealth and power are more evenly and fairly shared in society, provide jobs for everyone who wants to work, abolish poverty and improve the living standards of all Australians, ensure that all Australians can obtain the education, housing and community services they need.
• Australian Liberal Party

  Its main aims are: A lean government that minimises interference in daily life and minimises taxes, A government that encourages private businesses and does not compete with them, A just and humane society in which the family and the role of law and justice are maintained.
• Independents


  Members of parliament who do not belong to a political party are called independents. Their position can be very powerful if the government does not have a majority in parliament.