LAW, SOCIETY AND POLITICAL INVOLVEMENT 4.2

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Questions and Answers

What is one reason for having laws in society?

Establish boundaries for acceptable vs unacceptable behavior

How do laws provide protection to individuals?

Protection from the actions of others as well as our own behavior

What do laws provide in terms of freedom?

Tell society what people can do (rights and freedoms)

How do laws help in resolving disputes?

By providing a legal system to stop people taking matters into their own hands Signup and view all the answers

What is the difference between morals and ethics?

Morals are personal opinions on what is good/bad, while ethics are rules defining correct behavior Signup and view all the answers

What type of cases typically begin in the Local Court in Australia's court system?

Criminal cases and more than 90% of civil cases Signup and view all the answers

What type of cases does the District Court in Australia handle?

Civil cases ranging from $100,000 to $750,000 and serious criminal matters Signup and view all the answers

What is the role of the Supreme Court in the Australian court system?

Deals with the most serious criminal cases and appeals from lower courts Signup and view all the answers

Where is the High Court, also known as the Federal Court, located in Australia?

Canberra Signup and view all the answers

What are the main responsibilities of the High Court in Australia?

Interpretation of the constitution and creating laws affecting parliaments Signup and view all the answers

What kind of cases does the Children's Court in Australia primarily deal with?

Cases involving the care and protection of children and young people Signup and view all the answers

What is the focus of the Drug Court of NSW in Australia?

Aims for long-term solutions for offenders in the cycle of drug use and crime Signup and view all the answers

Who typically presides over cases in the Local Court of Australia?

Magistrate Signup and view all the answers

What types of cases are usually heard in the Coroner's Court in Australia?

Deaths by unusual causes and determining cause of fires and explosions Signup and view all the answers

In the Australian court system, what is the purpose of committal hearings?

To determine if indictable offences should go to higher courts Signup and view all the answers

Study Notes

Australia's Court System Hierarchy

The court system has a hierarchy, with each court specializing in specific areas, including criminal and civil cases.
Cases can be appealed to a higher court if an individual is unhappy with the ruling, but this process is often expensive.

The Local Court (Bottom/Fourth Tier)

Deals with minor civil cases, such as suing for property damage, up to $100,000.
Handles minor criminal cases, such as stealing, drugs, or assault.
Conducts committal hearings for indictable offenses, like armed robbery or murder.
Hears bail applications, arrest warrants, and AVOs (Apprehended Violence Orders).
No jury, cases are heard by a magistrate, who decides verdict and punishment, up to a maximum of 2 years per offense or 5 years total.

The District Court (Third Tier)

Located in Sydney and major regions, with civil jurisdiction for cases worth $100,000 to $750,000.
Handles serious criminal matters, such as armed robbery and manslaughter.
Some cases may involve a jury, and a judge gives the sentence if guilty.
Appeals from the Local Court are heard in the District Court.

The Supreme Court (Second Tier)

Deals with the most serious criminal cases, such as murder, treason, and severe sexual assault.
Handles civil cases worth over $750,000, located in Sydney, and directed by the Chief Justice.
Judges of the Supreme Court hold sessions in major regional courts, and their judgments are binding.
Deals with appeals from lower courts.

The High Court (Top Tier)

Located in Canberra, it is the highest court in Australia, dealing with appeals from state or territory Supreme Courts.
Interprets the Constitution, reads, and applies it, creating laws that affect parliament's power.
Decisions are final and apply to the whole country, made by a bench of 7 judges, including the Chief Justice.

Children's Court

Deals with cases involving the care and protection of children and young people under 18.
Closed to the media and public, with personnel knowledgeable in dealing with young people.

Coroner's Court

Investigates deaths by unusual causes, determining the identity, date, place, circumstances, and medical cause of death.
Handles approximately 6,000 cases per year, including the origin and cause of fires and explosions.

Drug Court of NSW

Aims to provide long-term solutions for offenders trapped in a cycle of drug use and crime.
Encourages escape from substance abuse, gain employment, and reduce the need to commit crimes.
Offenders undergo assessment and detoxification, making regular visits and receiving support.

Role of Court Personnel

The magistrate acts as an umpire, ensuring a fair trial.

Reasons for Law

Establishes boundaries between acceptable and unacceptable behavior in society.
Provides protection from others' actions and our own behavior.
Allows individuals to own and operate businesses, drive cars, and resolves disputes.

Ethics and Morals

Morals are personal opinions on what is good, bad, right, or wrong.
Ethics are a set of rules defining allowable actions or correct behavior.
Different countries have different values, resulting in varying laws.

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Test your knowledge about the reasons for law which establish boundaries for acceptable vs unacceptable behavior in society. Learn about how the law provides protection from harmful actions, ensures freedom, and maintains order in society.