Commerce Things to Study: Rules of Law and Legal Concepts

Rules of Law

Commerce things to study:

1. Rules of law
   WHAT IS THE
   RULE OF LAW?
   WWW.RULEOFLAW.ORG.AU
   Equality
   Before the
   Law
   Checks and Balances
   on the the use of Power
   by Individuals and
   Government
   Right to Silence
   Presumption of
   Innocence
   Fair Trial &
   Independence
   of the
   Judiciary
   Right to
   Assemble
   Democracy
   through formal
   legal processes
   Access to Justice
   Freedom of
   Speech/Media
   that the people (including, one should add, the government) should be ruled by the law and
   obey it and
   that the law should be such that people will be able (and, one should add, willing) to be
   guided by jt."

Features of Good Law

1. Features of a good law
   Consistent/stable
   Flexible
   Fair & Just
   Clear & Understood

Roles of Law

1. Roles of law
   
   1. Protection - Laws can protect us from others and ourselves. e.g. driving a boat while drinking
   2. Freedom - to allow citizens certain rights and privileges. e.g. buy property and move freely
      between states
   3. Resolving Disputes - to stop individuals from abusing the law. e.g. taking down your
      neighbours fence

Examples of Legislation

1. Examples of legislation
   Marriage Act 1961 (Cth)
   Crimes Act 1900 (NSW)
   Racial Discrimination Act 1975 (Cth)
   Anti-Discrimination Act 1977 (NSW)

Classifying Law

1. Classifying law
   Public Law - Criminal, Administrative, Constitutional
   Private Law(civil) - Contract, Property, Torts
   Family Law - form of civil law

State Government Structure

1. What makes up the state government
   • An upper house (the Legislative Council) and a lower house (the Legislative Assembly).
   • The head of the government is the Premier
   • The head of state is the Governor

Legislative Assembly

1. Legislative assembly
   The Legislative Assembly is the lower house in the parliamentary system of Australian states
   and territories. Members, called MLAs (Members of the Legislative Assembly), represent
   specific electoral districts. They are elected by the public and have key responsibilities:
   introducing, debating, and voting on laws, representing constituents, and scrutinizing the
   government. The party with a majority in the Assembly forms the government, and its leader
   becomes the Premier.

Statutory Interpretation

1. Statutory Interpretation
   Statutory interpretation is the process by which the courts interpret and apply legislation. (i.e.
   Acts of Parliament). Laws made by Parliament often use complicated language. This language
   is used in an attempt to fully explain what the law means, and to try to cover all the possible
   situations to which the law is relevant.
   Judgements made that are similar to previous decisions in the courts
   Judges need to follow precedent set by higher courts
   If no previous decision exists, a judge can set a new precedent

Court Structure and Hierarchy

1. Court structure and hierarchy
   Australian Court
   Hierarchy
   RULE OF LAW
   EDUCATION CENTRE
   High Court of
   Australia
   The apex of the appellate system
   in Australia is the High Court. All
   decisions made in the High Court
   are final and binding on all lower
   courts across all geographical
   jurisdictions in Australia.
   "The ultimate responsibility of the High
   Court is to maintain the rule of law ... The
   Court has to be independent if it is to fulfil
   its roles as a Constitutional Court and a
   Court of final appeal." (Murray Gleeson, 11th
   Chief Justice of Australia).
   Supreme Courts
   (Supreme Court, Courts
   of Appeal)
   Federal
   Court of
   Australia
   Federal
   Circuit and
   Family
   Court of
   Australia
   Notes
   There are no intermediate courts
   in the Australian Capital Territory
   or Northern Territory.
   Intermediate
   Courts
   (County/District Courts)
   --
   Federal Courts
   The ability to appeal the
   decisions of lower courts
   creates a system of review,
   ensuring that just outcomes
   are achieved and that the law
   is applied and interpreted
   equally and fairly to everyone.
   Lower Courts
   (Local/Magistrates Courts)
   The specialist courts vary between
   each state and territory, and include
   the Children's Court, Youth Justice
   Court, Warden's Court and Drug Court.
   The criminal, civil and administrative trial and appellate jurisdictions
   of each court varies across the states and territories.
   Specialist
   Courts
   Coroners
   Court
   The laws applied by the courts are created by Judges (Common Law,
   Precedent) and Parliament (Statutory Law).
   SCAN TO
   LEARN
   MORE!
   State/Territory Courts

High Court of Australia

High Court: The High Court of Australia, located in Canberra, handles appeals from state or
territory Supreme Courts and cases concerning the interpretation of the Constitution. By
interpreting and applying the Constitution, it creates laws that influence the powers of
parliaments, often shifting power from states to the Commonwealth. As the highest court in the
country, its decisions are final and apply nationwide. It is the federal court of Australia.

Supreme Court

Supreme court: The Supreme Court is the highest court state court and handles the most
serious criminal cases, such as murder, treason, and serious sexual assault, as well as civil
cases involving claims exceeding $750,000. It is led by the Chief Justice, and judges also travel
to regional centres in a practice known as "going on circuit." It can impose a wide range of
sentences. In the Supreme Court, when someone pleads not guilty to a criminal charge, the
case goes to trial. A jury evaluates the evidence and follows the judge's legal directions to
decide if the accused is guilty or not guilty.

Court of Appeal

Court of Appeal: The Court of Appeal is part of the Supreme Court system and reviews
appeals from lower courts or single-judge decisions. It examines cases for legal errors
but does not conduct new trials. Its decisions are binding on lower courts.

Family Court

Family court: The Family Court handles legal disputes related to family matters, including
divorce, property settlements, child custody, visitation arrangements, and spousal maintenance.
Its primary focus is on the best interests of children during family breakdowns. In Australia, this
role is fulfilled by the Federal Circuit and Family Court - so it is a part of the federal courts.

District/County Court

District/County court: The District Court is an intermediate court that handles Major civil cases
involving claims between $100,000 and $750,000, as well as motor vehicle accident cases. It
also deals with most serious criminal matters like armed robbery and manslaughter. Trials may
involve a jury to determine guilt, while sentencing is decided by a judge. The court also hears
appeals from the Local Court.

Local Court

Local court: The Local Court of NSW deals with indictable offences like manslaughter,
homicide, or armed robbery through committal hearings, where magistrates assess evidence
to decide if the case should move to a higher court. It also handles minor civil disputes up to
$100,000. Magistrates-legal experts without a jury-can sentence offenders to up to two
years per offence or five years total. They oversee bail applications, arrest warrants, search
warrants, AVOs, and more. Over 90% of civil and all criminal cases begin in this court.

Specialist Local Courts

Specialist local courts ->

Children's Court

Children's court: The Children's Court handles matters related to the care,
protection, and criminal cases of individuals under 18 at the time of the offence. It
is not open to the public or media, ensuring privacy. While it shares similar
personnel with the Local Court, the staff are specially trained to work with young
people.

Coroners Court

Coroners court: The Coroner's Court is a special Local Court that investigates
deaths by unnatural causes in order to determine the identity of the deceased
and the date, place, circumstances and medical cause of death. Coroners also
investigate the cause and origin of fires or explosions.

Drug Court

Drug court: The Drug Court focuses on breaking the cycle of drug use and crime
by helping offenders overcome substance abuse, gain employment, and reduce
criminal behavior. Offenders must qualify for the Drug Court Program, which
begins with assessment and detoxification. A personalized plan is created to
support their recovery. Participants undergo regular drug tests and report
progress to the court. Positive milestones, like staying drug-free, are celebrated
with encouragement from the court.

Reasons for Law

1. Reasons for law
   • The law is a collection set rules that society must follow
   • A main difference between a rule and a law is its level of enforceability
     In extreme cases, an absence of law (Government) can lead to a state of anarchy

Barriers to Law

1. Barriers to law
   Includes financial constraints (cost), lack of awareness of legal rights and processes,
   communication issues, language barriers, barriers between those with disabilities and cultural
   differences.

Separation of Powers

1. Separation of powers
   The Legislature:
   A bicameral parliament made up of the house of representatives, the senate and the governor
   general (as the Queen's representative) to debate change and pass Australian laws. Members
   are elected by the people.
   The executive council:
   The Cabinet-government ministers headed by the Prime Minister. The executive puts laws into
   action and administers them through government agencies.
   The Judiciary:
   Judges interpret the constitution and administer Australian laws through the levels of federal
   courts including the high court.

Types of Law

1. Types of law
   TYPES OF LAW:
   Criminal law
   civil law
   Actions brought by
   Crown Prosecution Service
   Claimant
   Actions brough against
   Accused
   Defendent
   Proof required
   Beyond Reasonable doubt
   Balance of Probabilities
   Determinat of guilt
   SERIOUS OFFENCE = Jury
   Judge
   Sentence / award determined :
   SERIOUS OFENCE = Judge
   Judge
   case described as
   Regina vs Jones
   Smith vs Jones

What is Criminal Law

1. What is criminal law
   Criminal law is a branch of public law designed to protect individuals and maintain social order
   by defining actions considered harmful or unacceptable. It involves prosecution, conviction, and
   punishment for those who violate the law. The police prosecute criminal cases, courts impose
   penalties, and accused individuals can present their defense. Punishments may include fines,
   court orders, or imprisonment.
   Crimes are categorized into two main types:
   • Indictable offences: Serious crimes like murder, armed robbery, and homicide,
     requiring a trial in higher courts such as the District and Supreme Courts. In these cases,
     guilt is determined by a judge and jury.
   • Summary offences: Less severe crimes like petty theft or traffic violations, handled
     quickly in lower courts, usually by a magistrate without a jury.
     MINOR OFFENSE = Magistrate
     MINOR OFFENCE = Magistrate