Reasons for Laws and Their Role

Reasons for Laws

• Laws are vital for preserving order and stopping social chaos.
• A society without laws could descend into confusion and anarchy.
• The purpose of laws is to allow people to coexist peacefully.
• Laws differ from rules; laws apply to everyone in society, rules apply to specific groups.
• Infringements against the law can incur in penalties enforced by the police and courts.
• The goal of laws is to safeguard people, encourage fairness, and uphold social order.

Four Main Roles of Law

• Laws set the boundaries for what society considers acceptable behavior.
• Laws are there to protect people from the actions of others.
• The law defines the freedoms people have.
• Laws resolve disputes through police, courts, and correctional facilities.

Values, Morals, and Ethics

• Moral and ethical values shape our sense of what is right and wrong.
• Society's morals usually reflect religious beliefs.
• Laws differ from country to country, as demonstrated by Australia's compulsory helmet laws for cyclists.

Australia's Court System

• The courts are structured in a hierarchy, with higher courts dealing with more serious cases.
• Each court has authority over specific legal matters.
• Higher courts handle major criminal cases and civil cases involving large sums of money.
• Appeals can be made to higher courts if someone is dissatisfied with a lower court’s decision.
• Legal costs can be high, especially in upper courts.

Local Court (Bottom Tier)

• It is the lowest court in hierarchy.
• Has no jury, magistrate takes charge.
• Deals with criminal and civil cases.
• Magistrates can sentence offenders for a maximum of two years per offense, up to five years total.
• Hears civil disputes up to $100,000 and deals with minor criminal matters.
• Hears bail applications and applications for Apprehended Violence Orders.
• The Children's Court and Coroner's Court operate at the same level.

District Court (Third Tier)

• It is the middle court in NSW.
• Manages civil claims between $100,000 and $750,000 and motor vehicle accidents.
• Jury trials may occur for serious criminal charges.
• The judge determines sentences for guilty parties and handles appeals from the Local Court.

Supreme Court (Second Tier)

• Highest court in NSW and hears the most serious criminal and civil cases (>$750,000).
• Appeals from lower courts are heard, rulings made by it are binding on all lower courts.
• Judges hold sessions in regional centers via "going on circuit".

High Court of Australia (Top Tier)

• Located in Canberra, primarily deals with appeals from the state or territory Supreme Courts.
• Interprets the constitution.
• Final court of appeal, decisions are binding nationwide.
• Consists of seven judges.
• Does not use a jury.

Specialist Courts

• The Children’s Court handles cases involving the protection of children and criminal cases of those under 18.
• The Children’s Court is closed to the public, staffed by specifically trained personnel.
• The Coroner’s Court investigates deaths from unnatural causes, fires, and explosions.
• The Family Court deals with divorce, parenting, and property disputes, requiring at least 12 months of separation for divorce.

Drug Court of NSW

• It aims to rehabilitate offenders with drug problems.
• Drug Court Program provides assessment, detoxification, and personalized plans.
• Requires regular drug tests and court visits for participants.

The Court Personnel : Magistrate as Umpire

• The adversarial system involves opposing sides presenting arguments to a magistrate or judge.
• The magistrate presides over the lowest court without wearing a wig or robe.
• The magistrate decides guilt, innocence, and penalties, referring serious cases to higher courts.

Role and Selection of Juries

• Juries are used in less than 5% of legal cases.
• Made up of everyday people who evaluate the case based on presented evidence.
• Jurors must understand the evidence, set aside biases, and be impartial.
• They must also follow legal points while delivering a verdict.
• Empanelment is the process of jury selection.

How Laws are Made: Common Law

• Laws can be created as statute law (Acts of Parliament) or developed by judges (common law).
• Common law arises from judicial decisions that set new legal principles.
• Judges adhere to precedent, ensuring consistency in legal decisions.
• Courts interpret laws passed by Parliament, and their interpretations become binding.

How Laws are Made: Statute Law

• Laws made by parliament have the highest status in Australia.
• The Federal Parliament in Canberra legislates on national issues.
• Each state has its own parliament, such as the NSW Parliament in Sydney.
• Local councils have delegated law-making powers.
• These laws bind all courts and judges after being passed.
• Parliament can override common law, subject to the High Court's constitutional oversight.
• Each parliament operates under a constitution, which sets out the powers of the parliament.

How a Bill Becomes a Law

• Passing laws involves several steps.
• Cabinet discussion occurs, then lawyers draft the bill.
• The bill goes through multiple readings, committee stages, and votes in both houses.
• Royal Assent from the Governor-General turns the bill into law.

Types of Law

• Law is classified into private and public law.
• Private law regulates interactions and duties between individuals.
• Public law governs behavior within society and protects individual freedoms.
• Administrative Law regulates government decisions and ensures fairness.
• Constitutional Law defines government structure and citizens’ rights.
• Contract Law governs legal agreements between parties.
• Family Law covers marriage, divorce, custody, and property matters.
• Criminal Law maintains public safety and outlines crimes and penalties.
• Industrial Law manages workplace rights and safety.
• Property Law deals with ownership and protection of property.
• Tort Law provides remedies for harm caused by infringing another’s rights.

Civil Law

• It addresses torts, such as negligence, defamation, nuisance, and trespass.
• Allows individuals to sue for civil wrongs.
• Successful plaintiffs receive monetary compensation.
• Judges can consider contributory factors and adjust damages.
• Juries are optional.
• Out-of-court settlements are common.

Criminal Law

• It deals with unacceptable behavior punishable by the state.
• The age of criminal responsibility in Australia is 10.
• Indictable offenses include serious crimes tried in higher courts with a jury.
• Summary offenses are minor crimes handled quickly by a magistrate.
• Aims to protect individuals and ensure community safety.
• The accused have a right to present a defense, and may face fines, orders, or imprisonment if convicted.

Customary Law

• These are traditional rules and practices within specific communities, particularly Indigenous communities.
• Influenced Indigenous legal systems before European settlement.
• Circle Sentencing involves community members in determining appropriate punishments, aligning with Australian law.
• Laws reflect each society's unique beliefs, values, and cultures.

Domestic vs. International Law

• Domestic laws are laws within a country.
• They cover local, state, and national issues.
• International law governs relations between nations.
• International laws are based on treaties.
• The United Nations enforces international law.

Accessing the Law

• Equal access to the law is essential for protecting rights.
• The system can be difficult to navigate for vulnerable individuals.
• Barriers exist in accessing the law.
• High Legal costs and limited legal aid deter people.
• Lengthy trials delay justice.
• Remote areas and lack of transport create distance barriers.
• Procedures can be intimidating.
• Limited language and interpreter support limit people.