COMMERCE: LAW AND SOCIETY NOTES

REASONS FOR LAWS: Increase in rate of violence No humane rights Lack of Equality Control by rival warlords No influence of authority No sense of safety and security Dictation

Anarchy: A state of disorder due to absence or non-recognition of authority or other controlling systems

TYPES OF LAWS IN SOCIETY: Anti-Discrimination Laws Employment Laws Health and Safety Laws Fair Trading Laws Fraud, Embezzlement Assault and Battery Laws Driving Offences Defamation Laws Burglary/Robbery and Theft Laws Computer Hacking Laws LawsSimilarityRules

1. Legal Variation of Rules2. Enforced by governmental factors such as police and prosecutors3. Set by government4. Involve voting process5. Inflexible and carry stiff penalties6. Not for teaching but order in society.

To punish for ones wrongdoings and failure to abide by either laws or rules

1. Set by Individuals/Organizations2. More flexible and have lighter consequences when broken3. Set during childhood to prepare for living with accordance with laws.

LAWS, RULES AND REGULATIONS

Laws: Written rules that are recognized by the community as binding on all its members. They are upheld by the legal system.

Rule: Standard or guide for behavior. Defines what can or cannot be done, but may not be enforced by the legal system.

Regulation: Direction that outlines how something is to be done, or the order in which it is to be done. The local council often imposes regulations that restrict the things you can do in parks or on streets.

WHAT MAKES A GOOD LAW? Fair and Just (Equal for everybody) Clear (so its intentions is clear to the community) Enforceable In accordance with human rights Reasonable and understood by community Social and Ethical Acceptance (Flexible)

THE LEGAL SYSTEMAUSTRALIAS LEGAL SYSTEM

Legal InstitutionFormation of lawsEnforcement AgenciesLegal Profession

Courts Parliament Quasi- Judicial bodies Statue Law Common Law Government Departments Enforcement Agencies Barristers or Solicitors Judges or Magistrates

Common LawJudge-made or case law. Refers to body of rules, principles and solutions applied by judges to cases.

Statue LawParliament made law or legislation. Refers to laws made by Federal and State Parliaments (must go through set process).

CourtsPlace where a judge and a jury, or a magistrate decides legal matters.

ParliamentGroup of elected representatives who make decisions regarding the running and law making of the country.

Quasi-Judicial bodiesMade up of tribunals and boards that do not have to follow the strict procedures in courtroom (their findings are generally not enforceable)

Judges/MagistratesPreside over courts, pass judgment and decide sentences on matters before them

Barristers/SolicitorsComprises two groups in legal profession of whom negotiate for, and appear for their clients in court

PolicePeople officially responsible for making sure people obey law and they investigate any reported or suspected crime.

Government DepartmentsSome of these departments have powers to investigate any breaches of laws that they are responsible for e.g. ATO (taxation office)

Solicitors are lawyers who work in an office whom the client goes to. However, a barrister is employed by the solicitor to argue the case in court for the client.

COURT STRUCTURE

High Court: Highest Court in Australia Hears appeals from Federal and State Courts Hears cases regarding interpretation of Australian Constitution 7 Judges. Majority of Judges Prevail.

Federal Court: Hears cases that concern Federal Laws (e.g. Cases brought by Australian Competition and Consumer Commission ACCC e.g. Apple iPad , 4G misinterpretation case) Full court is 3 judges

Family Court: Hears cases concerning family laws in Australia (e.g. divorce, child custody) Federal Magistrates Court provides alternative court for Federal Court and Family Court for quick hearing of simple federal cases.

Supreme Court: Highest court in State Generally hears matters involving most serious cases (Criminal and Civil) (Serious criminal offences indictable offences such as rape and murder, drug related serious cases and manslaughter) Judges with or without jury Unlimited jurisdiction (can hear any kind of crime) Full court of three judges and a jury

District Court: Hears appeals from lower courts Hears criminal cases and civil case limited to the value of $750,000 Jury f 12 people and judge Unlimited jurisdiction in motor accident cases Serious criminal cases like armed robbery and burglary are heard

Local Courts: Jurisdiction includes less serious criminal offences. AKA summary offence e.g. speeding offences, shoplifting, drink driving Court hears civil cases and less serious criminal cases of up to $40,000 Court presided over by magistrate. Has no jury 160 local courts in NSW Committal hearings are heard in local court (any committal case- even rape) Magistrate hears bail applications 80% of cases, both civil and criminal are heard here

COURT PERSONNEL

Judge: an officer who is elected to preside and to administer the law in a court of justice

Tipstaff: Keep order in court and may administer the oath

Court Reporter: Keeps a record of all proceedings. These proceedings are taped and the court reporter transcribes the tape to provide written record.

Sheriff: Sevres summons (a request to be in court to give evidence), swears in witness and looks after jury.

Bailiff: Makes sure that the orders of the magistrate are carried out.

Court Constable: Calls people to give evidence. This may be a police officer.

The Accused/Defendant: Person accused of a crime. A Defence Team will defend them.

The Plaintiff/Applicant: Person who brings an action in a civil case

The Victim: Person who has been injured or affected by the action of others.

The Witnesses: People who have seen a crime being committed or have information that may be relevant to the case in question.

JURIES

Process involved in Jury Selection Inclusion on the jury roll.Notices of Inclusion are sent outto tellpeople they are on the jury roll. This is a list of people who could be selected for jury service in the next 12 months. Summons to jury service. People who have been sent aNotice of Inclusionmay be sent a Jury Summonsrequiringthem to report to courton a particular day forjury service. Jury selection and empanelling.At court, people who have been summonedare randomly selected and may thenbeempanelled to serve on a jury in a particular trial.

Your jury summons (a legal document you must obey. It is usually sent a month before you come to court. This gives you time to talk to your employer and family and make arrangements.) will inform you about: which court you need to go to- District, Supreme or Coroner's Court the location of the court, including a street address the date and time you are required to attend an estimate of the length of the trial, if it is expected to last more than two weeks whether the case will be criminal or civil (the jurisdiction) contact details for the Sheriff's officeJury: A body of people sworn to give a verdict in a legal case on the basis of evidence submitted to them in court. They bring community values into the judicial process through allowing public to be involved in justice system (In civil trial they decide whether case has been proved on the balance of probabilities, In criminal case they decide whether the case has been proved on beyond reasonable doubt)Jury Duty: Service as a juror in a legal proceedingChallenge: Rejection of juror by prosecutor and defence counselHung Jury: Deadlock jury who cannot by the required voting threshold agree upon verdict after extended deliberation and unable to change votesAdvantagesDisadvantages

1. Provide barometer of public opinion2. Application of common and community values3. Efficient system of 800 years of success4. Civic duty- rare opportunity for citizenship5. With 12 jurors there is no bias1. Inconvenience and financial loss to juror2. Easily influenced by impressive barrister or judge-mislead by barrister techniques to strengthen evidence3. Lack of research and knowledge defies assessment4. Jury members may have string of convictions not serious to disqualify5. Expense of jury trial

Unanimous: (of an opinion, decision or vote) held or carried by everyone involvedEmpanelled: Enlist or enrol to juryVerdict: Decision on an issue of fact in a civil or criminal case or an inquestCLASSIFYING LAWS

Public Law (Person and state)Private Law (Person and other individuals)

Criminal Law Deals with those actions that are offences against state Administrative Law: Regulates the powers and duties of administrative officers and duties of administrative officer and authorities (e.g. Department of Education +Training) Constitutional Law: Defines structure of gov. and rights of individual in country. Rules also on powers between Commonwealth and States Contract Law: Legally binding agreements between individuals Tort Laws: Determines whether a person has committed a civil wrong that allows another person to recover money or remedy or compensation from another (nuisance, defamation and trespass, negligence) Trust Law: Regulates conduct of people who hold property on behalf of others Family Law: Matters concerning marriage, divorce and parental responsibilities Succession Law: Deals with wills, inheritance and administration of deceaseds estate Property Law: Deals with ownership of land+ goods Company Law: Deals with incorporation, administration and dissolution of companies

HOW LAWS ARE MADE

Statue Laws (Parliament Laws)Laws made by Parliament are called Acts, statutes or legislation. To create new laws a Bill (a draft Act) is debated in Parliament. If it is passed by a majority in both houses of Parliament it becomes an Act.

1. First Reading: A bill (proposed idea) introduced to parliament2. Second Reading: Reasons for the introduction of the bill are given sating the intentions of the bill3. Committee stage: The bill is considered in detail and may be debated. Amendments to the bill may be made.4. Third Reading: Involves the formal reading of bill and its then voted on5. Other house: Bill is sent to the other house for review6. Royal assent: If the house accepts, Governor General signs it7. Bill becomes an Act of Parliament8. Act becomes Law

Common Law (Judge-made Laws)Judge-made law known as common law is law that has developed from judgments handed down in court. It is most often used to make decisions about areas that are not included in Acts of Parliament.When using common law judges decide cases along the lines of earlier decisions made in similar cases (precedents).Judges are also required to interpret legislation if there is a dispute about the meaning or how to apply an Act in a case. These interpretations then become part of the common law.

LAWS, MORALS, VALUES AND ETHICS

Values: Standards that most people in society have or live by

Morals: Principles or Rules of Conduct. They provide a means of distinguishing between right or wrong.

Ethics: Systems of moral principals by which human actions or proposals maybe judged good or bad, right or wrong.

HOW DOES LAW RECOGNISE VALUES

Moral Values: Murder Sexual Discrimination Right to freedom of religion

Social Values: Marriage between a man and a woman Prohibition of smoking on public transport Laws on the possession of guns

Economic Values: Consumer Protection Right to sell and own Property

Political Values: Right to vote Right to form a political party

ACCESS AND FAIRNESS

There are four main factors in accessing the law: cost, time, procedures and language.

1. Cost: Some ways of accessing the law are inexpensive (e.g. conducting a web search) Administering law and order however is quite expensiveReasons why? Increase in number of disputes Number of people involved Fees charged by solicitors and barristers Cost of using the courts ($40,000 charge of appealing to High Court)

2. Time: It often takes months or years for a case to come to court It takes time for prosecution and defence to gather the materials needed to mount the case

3. Procedures: If the case is to be heard in the Local Court, a solicitor must be employed Cases heard in the higher court require a barrister to be briefed as well To take a case to court, there are application fees A daily charge is imposed for each court Expert witnesses may need to be summoned as well

4. Language Almost 50% of people in Sydney speak a language other than English at home Migrants, indigenous Australians, people with mental diseases and those who have trouble communicating have more trouble accessing the law Because of legal language, many people have difficulties understanding legal documents