transcript
- Slide 1
- THE LAW & SOCIETY Commerce Stage 5 Core Part 2.1
- Slide 2
- SYLLABUS AGENDA The legal framework reasons for laws the legal
system court structure juries Areas of law classifying laws how
laws are made common law statute law constitutions the relationship
of laws to values, morals and ethics how laws are changed Using the
legal system accessing the law cost time procedures language issues
of fairness in using the law
- Slide 3
- THE LEGAL FRAMEWORK
- Slide 4
- LINGO LIST Anarchy When there is no law or government, people
are free to do as they please and society is unable to function.
Burden of proof The legal principle that the prosecution must prove
that the accused is guilty of the crime. Case A proceeding in a
court of law. Fundamental rights Those rights to which every human
is entitled. Indictable Offences Serious offences that require a
full trial with a jury. Examples are armed robbery, murder and
serious drug offences Judge A highly trained legal professional who
presides over District, Supreme and High Courts. The judges role is
to advise the jury and pass the sentence.
- Slide 5
- LINGO LIST (CONT.) Jury A group of people chosen randomly from
the community to determine the guilt or non-guilt of the accused in
serious criminal law matters. Legally binding decision An order
that is given by a court and must be followed. Natural justice The
right to be treated fairly in legal matters. Presumption of
innocence The belief that a party accused of a crime is innocent
unless it is proven that the party has committed the crime. Summary
offences Less serious crimes that are dealt with by the Local
Court. An example is shoplifting.
- Slide 6
- REASONS FOR LAWS Laws exist to regulate our society. They are
designed to protect us and our property and to ensure that everyone
in society behaves the way the community expects them to. Without
laws there would be anarchy
- Slide 7
- HOW DO LAWS AFFECT US? Laws and rules influence every aspect of
our life from cradle to grave. When a child is born, the parents
are required to register the birth. A persons death must also be
registered. And all the things in between marriage, divorce, change
of name etc. Laws and rules govern our behaviour throughout life.
When we do not comply with them there are consequences.
- Slide 8
- ACTIVITY: PARENTS RULES Write down 3 rules that your parents
have for you. Pair up with the person next to you, share with them
your rules Are they fair? Can you easily meet the guidelines they
have set? What are the consequences for not meeting the rules Share
2 of the rules from your pairing with the rest of the class
- Slide 9
- WHAT WOULD HAPPEN IF THERE WERE NO RULES IN YOUR HOUSE? Are
rules (laws) good or bad?
- Slide 10
- THE COURTS Australia has a hierarchical court system. This
means that the courts are graded into inferior and superior courts
Each of the courts deals with different matters and has certain
powers. Within the courts there are various professionals who
ensure the smooth running of cases. Each person in the legal system
has a particular task to fulfil.
- Slide 11
- MORE ABOUT THE COURTS For many legal matters the courts are the
final place to resolve legal disputes, not the first. Courts are
expensive and time-consuming places to have legal problems
resolved. Therefore, people are encouraged to use all their other
legal options first. However, when all else fails the courts can be
used to reach a legally binding decision that must be obeyed.
- Slide 12
- NSW COURTS In Australia most legal matters are the
responsibility of state governments, therefore most of our courts
are state courts. New South Wales, like all the other states, has a
hierarchical court structure. This means that courts are ranked.
The position of a court within the hierarchy indicates the type of
case that will be dealt with by the court. There are three main
tiers within the hierarchy: inferior = Local Court intermediate =
District Court superior = Supreme Court
- Slide 13
- LOCAL COURT The Local Court is the lowest court and is often
called the Magistrates Court as it is presided over by a magistrate
and aims to deal with matters quickly and cheaply. It deals with
all minor criminal matters (known as summary offences) and conducts
committal proceedings for serious matters (known as indictable
offences). The aim of these proceedings is for the police to
demonstrate that there is sufficient evidence to show that there is
a case to answer. If the magistrate considers there is sufficient
evidence then the case will be scheduled for a trial in a higher
court. The Local Court also hears relatively minor civil matters,
such as debt claims. Matters of more than $3000 but less than $40
000 will be heard in the Local Court.
- Slide 14
- DISTRICT COURT Is a more senior court Is presided over by a
judge. It deals with serious criminal and civil law matters. In
Criminal matters the District Court conducts trials that include a
jury of 12 people. Civil law matters involving between $40 000 and
$750 000 and any matter involving compensation for motor vehicle
accidents are dealt with by the District Court. Matters involving
more than $750 000 must be heard in the Supreme Court.
- Slide 15
- SUPREME COURT The Supreme Court is the highest court in the
state hierarchy. It hears the most serious cases and those that
involve difficult points of law. The Supreme Court of each state is
a court of record. This means that its decisions can create common
law. The consequence of common law is that when the judge makes a
decision in relation to the matter, all lower courts must follow
the decision
- Slide 16
- THE HIGH COURT OF AUSTRALIA Is the most senior court in
Australia. Its main role is to ensure that law-makers do not breach
the constitution It hears appeals from the lower courts. A decision
made in a less senior court can be appealed to a more senior court.
For example, a Local Court decision can be appealed to the District
Court and so on. The High Court acts as the last court of appeal.
The right of appeal is not automatic and application to the court
must be made. The court will consider whether there are grounds for
an appeal.
- Slide 17
- COURT PERSONNEL Judges / magistrates Lawyers Jurors
- Slide 18
- JUDGES Judges sit in the District, Supreme and High Courts and
in some specialist courts, such as the Family Court. They are
referred to as Your Honour and they usually have considerable legal
experience. Criminal cases in these courts involve juries, whose
task is to determine whether a person is guilty. The role of the
judge is to instruct the jury on legal matters and, if the jury
finds the accused guilty, impose a sentence. In civil matters where
a jury is involved the judge fulfils a similar role
- Slide 19
- MAGISTRATES Are the presiding officers of the court.
Magistrates preside over local courts and, except in New South
Wales, are referred to as Your Honour. In a criminal law matter
their role is to determine whether the accused person is guilty of
a crime. If the accused is found guilty, the magistrate issues a
sentence. In civil law matters the magistrate must arrive at a
verdict and then decide on what compensation, if any, should be
made.
- Slide 20
- LAWYERS n every case there are two opposing legal teams. In
criminal cases the role of the prosecutor is to prove to the court
that the accused person has committed a crime and should be
punished. The defence lawyer is there to help the accused person
show the court that he or she is innocent or, if the accused is
shown to be guilty, to minimise the sentence imposed by the
court.
- Slide 21
- THE JURY Juries date back to medieval England when villagers
were given the opportunity to pass judgment on their peers. In the
Australian legal system the jury consists of a group of 12 adults
who are drawn at random from the community. The role of the jury is
to determine whether an accused person is guilty of a crime. In
order to convict a person, the jury must be satisfied that the
evidence presented to them shows that the person is guilty beyond
reasonable doubt. This means that if a juror (a member of the jury)
has some doubt about the accused persons guilt, then the juror must
find the accused not guilty of the charges. Juries are used in all
criminal trials (cases heard in the District or Supreme Courts).
They have no role in passing a sentence. In some serious civil
matters, juries of four or six people are sometimes used. In cases
tried in NSW courts, the jury must either be unanimous (all agree)
or vote 11 to 1 in order for a verdict to be made If the verdict is
not unanimous, the judge will order a new trial with a different
jury.