Commerce revision.pdf

Lesson 1 - What is Law? 1. Distinguish between Legal and Non-Legal Rules. Legal Rules: These are rules created by official bodies, such as legislatures and courts, and are enforced by legal institutions. They are binding on everyone within their jurisdiction, and failure to com...

Lesson 1 - What is Law? 1. Distinguish between Legal and Non-Legal Rules. Legal Rules: These are rules created by official bodies, such as legislatures and courts, and are enforced by legal institutions. They are binding on everyone within their jurisdiction, and failure to comply can result in legal penalties. Examples include criminal laws, civil laws, and traffic regulations. Non-Legal Rules: These are rules created by social or informal institutions, such as families, schools, or organizations. They are not legally binding and do not carry legal penalties but may lead to social consequences like reprimands or exclusion. Examples include school rules, workplace policies, or codes of conduct within a club. 2. Identify and Explain the Four Functions of why we need Laws. 1. Social Order: Laws help maintain peace and order by providing clear rules for behavior and consequences for violations. This helps prevent chaos and ensures societal stability. 2. Protection of Rights and Freedoms: Laws protect individual rights and freedoms, such as the right to a fair trial or freedom of speech, ensuring that these are respected and upheld. 3. Resolution of Disputes: Laws provide a formal mechanism for resolving disputes between individuals, organizations, or between individuals and the state, through courts and legal processes. 4. Promotion of Justice: Laws aim to ensure fairness and justice by setting standards of acceptable behavior and providing mechanisms for punishing wrongdoers and compensating victims. Lesson 2 – Court Hierarchy & Jurisdiction Court Jurisdiction Court Jurisdiction Heard By Example of a Case Heard High Court of Original: High-profile cases Justices of the Plaintiff v. Defendant cases Australia under Australian High Court involving constitutional Constitution matters Appellate: Appeals from state and territory courts Supreme Court of Appellate: Appeals from the Justices of the Appeals on points of law or Victoria – Appeal Supreme Court – Trial Appeal significant factual issues from Division Division and other lower Division lower courts courts  Supreme Court of Original: Serious criminal Justices of the Complex civil disputes, Victoria – Trial cases and complex civil Supreme Court serious criminal cases like Division disputes murder County Court of Original: Major criminal Judges of the Serious criminal cases such as Victoria and civil cases but less County Court sexual assault or civil cases serious than those in the involving significant sums of Supreme Court money Magistrates’ Court Original: Minor criminal Magistrates Summary offences such as of Victoria cases and less complex civil minor theft or traffic matters violations 1. Explain the Role and Jurisdiction of VCAT. Role: The Victorian Civil and Administrative Tribunal (VCAT) resolves disputes in a less formal setting than traditional courts. It handles a range of cases including civil disputes, administrative matters, and residential tenancies. Jurisdiction: VCAT has the power to hear and determine disputes in areas like civil law, administrative law, and tribunal matters, including issues related to property, planning, and family disputes. It offers an alternative to court proceedings and aims to provide a more accessible and less formal resolution process. Lesson 3 – Jury Duty 1. What is the Role of the Jury? The jury's role is to assess the evidence presented during a trial and determine the facts of the case. They are responsible for delivering a verdict based on their assessment of the evidence, determining whether the defendant is guilty or not guilty in criminal cases. 2. How many People are on a Jury for Criminal Cases? In criminal cases in Victoria, a jury typically consists of 12 people. 3. Which Courts have Juries? In Victoria, juries are used in the Supreme Court (Trial Division) and the County Court for criminal trials. They are not used in the Magistrates’ Court. 4. Explain what it means to be Disqualified, Ineligible or Excused in regards to Jury Selection. Disqualified: Individuals who have been convicted of serious criminal offenses may be disqualified from serving on a jury. Ineligible: Certain professions or positions, such as judges, police officers, and lawyers, may be ineligible to serve due to conflicts of interest.  Excused: Individuals may be excused from jury duty for specific reasons such as severe illness, pre-existing travel plans, or other significant personal or professional obligations. 5. Outline 2 Advantages and 2 Disadvantages of the Use of a Jury. Advantages: 1. Community Involvement: Jurors come from various backgrounds, providing a broad perspective and ensuring that the verdict reflects community values. 2. Checks and Balances: The jury system provides a check on judicial authority, as the verdict is determined by a group rather than a single judge. Disadvantages: 1. Cost and Time: Jury trials can be lengthy and expensive due to the time required for jury selection, trial, and deliberation. 2. Inconsistency: Verdicts may vary based on the jury's composition and personal biases, potentially leading to inconsistent outcomes. Lesson 4 – Sources of Law 1. Explain who Creates and Enforces Laws and Identify who Laws Apply to. Creators: Laws are created by legislative bodies (e.g., Parliament) and interpreted by courts. Legislators draft and pass statutes, while courts interpret and apply these laws in individual cases. Enforcers: Law enforcement agencies, such as the police, are responsible for enforcing laws. Courts also play a role in ensuring that laws are applied correctly. Who Laws Apply To: Laws apply to all individuals and entities within the jurisdiction where the law is in effect. This includes citizens, residents, and visitors. 2. Distinguish between Statute Law and Common Law. Statute Law: Law made by legislation or statutes passed by Parliament. It is written and codified, and takes precedence over common law. Example: The Crimes Act 1958 (Victoria). Common Law: Law developed through judicial decisions and precedents established by courts. It is unwritten and evolves through case law. Example: The principles established in landmark cases like Donoghue v Stevenson. 3. What is the Main Role of the Courts? The main role of courts is to interpret and apply the law, resolve disputes, and ensure justice is administered fairly. Courts adjudicate cases based on statutory law and common law principles, and their decisions can set legal precedents. 4. Define Precedent. Precedent: A legal principle or rule established in a previous case that is binding or persuasive in subsequent cases with similar facts. Precedents guide judges in making consistent decisions and ensuring legal stability. 5. Why was Donoghue v Stevenson Important? Donoghue v Stevenson (1932) was a landmark case in the development of the law of negligence. It established the principle that individuals owe a duty of care to others, setting a precedent for future negligence cases. It introduced the "neighbour principle," where one must take reasonable care to avoid acts or omissions that could foreseeably harm others. 6. Identify and explain the Characteristics of an Effective Law. 1. Clarity: Laws should be clear and unambiguous so that people understand what is expected of them. 2. Consistency: Laws should be consistent and stable, ensuring that similar cases are treated similarly. 3. Enforceability: Laws must be enforceable and supported by effective mechanisms to ensure compliance and address violations. 4. Fairness: Laws should be fair and just, protecting the rights of individuals and promoting equity. 5. Flexibility: Effective laws should be adaptable to changing societal values and circumstances. Lesson 5 – Criminal Law & Sanctions 1. In Victoria, where are Crimes Codified? Crimes are codified in the Crimes Act 1958 (Victoria) and other statutes, which outline various criminal offenses and their penalties. 2. Define Crime and Outline the 3 Elements that make up a Crime. Crime: An act or the commission of an act that is forbidden or prohibited by a law and that makes the offender liable to punishment by the state. Three Elements: 1. Actus Reus (Guilty Act): The physical act of committing the crime. 2. Mens Rea (Guilty Mind): The mental state or intention to commit the crime. 3. Concurrence: The actus reus and mens rea must occur simultaneously. 3. What is a Sanction? A sanction is a penalty or punishment imposed by the state in response to a criminal offense. Sanctions are intended to deter crime, punish offenders, and provide justice for victims. 4. What are the Aims of Sanctions? Outline each of them. 1. Deterrence: To discourage the offender and others from committing similar offenses by imposing a penalty. 2. Rehabilitation: To reform the offender so they can reintegrate into society and avoid future offenses. 3. Retribution: To punish the offender for the wrongdoing, ensuring that they receive their "just deserts." 4. Incapacitation: To remove the offender from society to prevent further harm or criminal activity. 5.