Commerce - Law and Society

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What is public law?
The law of relations between individuals and the state
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What 4 laws do public law include?
Administrative law, industrial law, constitutional law, criminal law
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What is industrial law?
This law is concerned with the rights and obligations of emplyers and employees. Much of the law deal with the legal way of resolvig industrial disputes, workers' compensation, occupational health and safety, and discrimination in the workforce.
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What is administrative law?
Administratice law deals with the decisions and powers of these government departments. This law allows courts to review and change the decisions of government if necessary.
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What is constitutional law?
This set of laws deal with the set of rules by which a country is governed. It is concerned with the powers and authoirty of parliament and the rights of each citizen, and the powers between the federal and the state governments.
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What is criminal law?
Criminal laws are needed to keep the community safe from harm, to provide for an oderly society and to provide a way of dealing with a crime when it occurs. Offenders will be punished if they choose to put people and property at risk.
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What is the difference between rules and laws?
The difference between a rule and a law is that the police and the courts can enforce laws. Laws, therefore, are legal rules.
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What is the laws four main roles?
Establish boundaries - to determine what is acceptable and unacceptable conduct, Protection - To protect us from others and ourselves, Freedom- to allow citizens certain rights and privileges, Resolving Disputes - to stop individuals abusing the law
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What was unique about aboriginal law?
They were based on kinship, meaning that they were rules based on the correct way of living, including sharing of food and marriage.
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What happened if an Aboriginal law was broken?
The accused would meet in public with the affected conduct. A group of elders who knew the custom administered this law and could punish offenders. members of the tribe would witness the hearing and once a penalty was given, the tribe would execute
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What is the courts role during an issue?
To maintain order, they have the ability to make new laws if a law is not covering an issue (act of precedent). They settle disputes according to evidence and procedure
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What are the legal advisers role during an issue?
To represent their clients in court. They provide legal advice and assistance. They do everything they can for the decision to be in their clients favour.
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What is the police's role during an issue?
They enforce the law, meaning that they try and maintain order and peace in our society. They assist in the prosecution of accused offenders
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What is the Coroners Court?
It is a special local court that investigates deaths by odd causes in order to determine the identity of the deceased and the date, place, circumstances and medical cause of death.
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What is the juror's role in a courtroom?
Their main role is to be objective when making a decision wether the defendant is guilty or not.
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How are people chosen for jury service?
They are picked randomly, based on information supplied by the Australian Electoral Commission
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List some reasons of why people would be excluded from jury service
Practising dentists, pharmacists and medical practitioners, as they are carers of children and carers of ill and disabled people. Another reason why you might not get picked is if you live 65 km+ away from the courthouse.
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How is a jury panel selected?
They are chosen at random from a ballot box. If your number is called you will sit in the jury box. This will continue till all 12 or 6 jurors has been selected.
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What is the juror’s role in criminal matters?
The jury consists of 12 people, and they much decide wether the defendant is guilty ''beyond reasonable doubt''. If the jury convicts the defendants by delivering a verdict of guilty to the judge, it is the judge's role to decide the sentence.
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What is the juror's role in civil matters?
In civil cases the jury is made up of 6 people. If they are empanelled it is only for defamation matters. It is the jury's role to decide wether, on the balance of probabilities, the defendant is liable and must pay damages.
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What are some advantages of the Jury system?
It reflects society's values and attitudes, the final decision is made by more than one person, they are impartial as they aren't controlled by the government.
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What are some disadvantages of the Jury system?
Ordinary people may not understand complex legal technicalities, they don't have to give reasons for their decision, they can be persuaded by the skills of a clever lawyer.
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Define jurisdiction
Jurisdiction refers to the power of a legal body such as a court or parliament to make laws, govern or apply and interpret laws within an area.
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List an example of jurisdiction
Firstly, it may refer to the geographical ares. For example, the jurisdiction of the NSW parliament is the state of NSW.
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Distinguish between common and statute law
Common law is the system of law based on the previous decisions of judges, also called precedents. Whereas, statute law is law made by parliament (Acts of parliament).
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What is it called when a statute law is changed?
An amendment
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What is the upper house of the NSW parliament called?
The legislative council
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In a civil matter, what is the burden of proof?
On the balance of probabilities
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In a criminal matter, what is the burden of proof?
Beyond reasonable doubt
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Card 2


What 4 laws do public law include?


Administrative law, industrial law, constitutional law, criminal law

Card 3


What is industrial law?


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Card 4


What is administrative law?


Preview of the front of card 4

Card 5


What is constitutional law?


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