Year 9 Commerce Revision Notes 2024 PDF

Difference between a rule and a law Rules apply only to people directly involved and penalties are usually less serious. Laws are for all members of society and are expected to be obeyed. Laws are legal rules and are enforceable by the police and courts. The role and structure o...

Difference between a rule and a law Rules apply only to people directly involved and penalties are usually less serious. Laws are for all members of society and are expected to be obeyed. Laws are legal rules and are enforceable by the police and courts. The role and structure of the legal system The main roles of laws: ○ Establish boundaries Establish boundaries of acceptable behaviour and determine which actions will not be tolerated. ○ Protection Protection from the actions of others as well as our own behaviour. ○ Freedom Freedom to do many things by telling society what people can do. ○ Resolving disputes Resolving disputes in order to stop people taking the law into their own hands. Values, morals and ethics Values refer to what a person believes in. Ethics refer to what a community believes is right and wrong Morals refer to an individual point of view on what acts are right or wrong. Laws are different around the world because a sense of right and wrong is developed from the moral and ethical values of a society. How laws are made, including common law and statute law Court law = common law ○ Example: The Supreme Court of NSW or Chief Justice of NSW Supreme Court - Andrew Bell Statute law = parliament  ○ Example: NSW Parliament House or NSW Premier Chirs Minns The ways of making laws: 1. Laws that are written down beforehand are called statute law, or Acts of Parliament. 2. Laws can also be developed piece by piece by judges, as they come across new problems in the cases they hear. These laws are referred to as common (judge-made or case) law. In Australia, the law is a combination of both common and statute law. Common law and precedent: ○ Common law today continues to mean the decisions given by judges. ○ It may occur because a judge has to decide on a case where there is no existing law that regulates it. ○ Consequently, it is up to the judge to make a decision (known as legal precedents). ○ Precedent helps the legal system achieve fairness and justice as similar cases are dealt with in the same way. Common law and statutory interpretation: ○ The principle of precedent applies to interpretation as well. Therefore, once a judge decides on the meaning of a word or phrase, that meaning becomes law and must be followed by other judges in lower courts. The Mabo Case: ○ The High Court recognised the fact that Indigenous peoples had lived in Australia for thousands of years and enjoyed rights to their land according to their own laws and customs. What is a bill and how is it made? ○ A bill is a proposal for a new law or a change to an existing one. ○ Most bills are drafted by public servants on behalf of a minister and formally approved by the government before they are introduced into the Parliament. How a bill passing through parliament to become statute law  ○ Drafting: A bill is proposed and drafted, usually by a member of parliament (MP). ○ First Reading: The bill is introduced in either the House of Representatives or the Senate, followed by a first reading where its title is read out. There’s no debate at this stage. ○ Second Reading: The bill is debated, and its general principles are discussed. MPs vote on whether to proceed. ○ Committee Stage: The bill is examined in detail, often by a committee. Amendments can be made during this stage. ○ Report Stage: The bill, along with any amendments, is reported back to the house for further consideration. ○ Third Reading: The final version of the bill is debated and voted on. If passed, it moves to the other house. ○ Second House: The process is repeated in the second house (House of Representatives or Senate). If the second house makes amendments, the bill returns to the first house for approval. ○ Royal Assent: Once both houses agree on the final version, the bill is sent to the Governor-General, who gives it royal assent, making it law. ○ Commencement: The law comes into effect either immediately, on a specific date, or through a commencement provision. Separation of powers: ○ Under the separation of powers, government functions are shared across three ‘arms’ of government: the legislative, the executive and the judicial. ○ The Australian Constitution supports the idea of the separation of powers to allow for the three arms of government Division of powers: ○ The Constitution supports the idea of a division of powers between the state parliaments and the federal parliament. ○ Law-making powers are divided in such a way that national issues can be handled by the central government, while state governments can concentrate on providing essential services for their citizens. Australian Court Hierarchy: ○ Lower courts: The Local Court  Presided over by a Magistrate known as Your Honour. No jury Original jurisdiction Criminal jurisdiction for minor criminal summary offences Local courts also hold committal hearings for indictable offences (serious criminal offences) Civil jurisdiction: Two divisions to hear civil cases: Small Claims up to $10,000 General division = $10,000 to $100,000. 98% of all criminal and civil matters are finalised in the Local court ○ Lower courts: The Children’s Court Civil matters related to care and protection of children Criminal cases under 18 at the time of the offence or in NSW under 21 when charged with a crime they committed while under the age of 18 Court closed to public/media Murder - Children’s Court conducts a committal hearing- Trial at Supreme Court ○ Drug Court NSW Deals with non violent criminal offences committed by drug dependent offenders---usually possession ○ Intermediate Courts: The District Court of NSW Presided by a Judge: Your Honour Jury Trial court Original Jurisdiction Criminal Jurisdiction majority of indictable offences [serious] from larceny/stealing, sexual assault, importing drugs, fraud Civil Jurisdiction $100 000 to 1.25 million No jury for civil cases except in defamation cases Appellate Jurisdiction hear appeals of the decisions of local court ○ Superior Courts: The Supreme Court Highest Court in the State hierarchy Judge and Jury  Original jurisdiction Criminal jurisdiction Most serious indictable offences: murder, attempted murder, serious sexual assault in company, kidnapping Civil Jurisdiction no upper limit on civil matters minimum $750,000 e.g. defamation, personal injury Appellate Jurisdiction ○ COURT of CRIMINAL APPEAL is part of the Supreme Court is the highest court for criminal matters ○ Hears appeals from District Drug and Supreme Court ○ Has 3 Judges can hear appeals ○ No agreement then Majority view prevails (taken). ○ COURT OF APPEAL part of Supreme Court that deals with CIVIL MATTERS ○ High Court Full Court= 7 Judges Original Jurisdiction: interpretation of the Constitution i.e CONSTITUTION CASES overturning its own previous decision Cases between states or residents of different states e.g NSW v QLD Appellate Jurisdiction Appeals to the High Court are by special leave only, [permission] which is rarely granted. Cases from NSW Courts of Criminal Appeal and Cases from NSW Court of appeal -civil matters Cases from Family and Federal Courts The jury ○ The role of the jury Juries are used in the NSW District Court and NSW Supreme Court to: hear and determine more serious criminal matters  hear and determine civil matters involving large monetary claims In Australia, a criminal trial by jury in most states and territories requires 12 jurors. ○ Jury duty Juries are used to ensure that legal verdicts are impartial and in line with community standards of behaviour. Empanelling a jury: potential jurors are taken in groups into the courtroom. The names of people involved in the trial will be read out. If you know any of these you must advise the judge. If your number is called you will be asked to take a seat in the jury box. Challenging jurors: Both the prosecutor and the defence counsel can challenge (reject) a juror without giving reasons. They are each allowed a maximum of three challenges. ○ Civil law: Civil law, is part of private law, deals with non-criminal matters. The two main areas of civil law are the law of tort and contract law. The law of tort includes: negligence — where a person fails to take reasonable care and, as a result, injures another person defamation — where a person injures another person’s reputation nuisance — where a person causes unreasonable interference with another person’s right to quiet enjoyment of their property trespass — where a person interferes with another person, or that person’s property rights. Where a civil wrong is successfully proven in court, the wronged party will seek money as compensation. In civil cases, the required standard of proof is known as the “balance of probabilities”.  In civil case the accuser is called the Plaintiff and the defendant is called the Defendant ○ Criminal law: a crime involves behaviour that is considered by the state to be unacceptable. From ten years of age, a person can be prosecuted for committing an offence. This is considered the ‘age of criminal responsibility’ Serious crimes are called indictable offences. Less serious crimes are called summary offences the police force (prosecute) and the judiciary (impose a penalty on a guilty party) In criminal cases the onus of proof rests with the prosecution and the standard of proof required is ‘beyond reasonable doubt’. In criminal law the accuser is called the Prosecution and the defendant is called the Defendant ○ Types of law: Public law Criminal ○ Criminal laws are needed to keep the community safe from harm, to provide for an orderly society and to provide a way of dealing with a crime when it occurs. Administrative ○ Administrative law deals with the decisions and powers of these government departments. Industrial ○ This law is concerned with the rights and obligations of employers and employees. Constitutional ○ This set of laws deals with the rules by which a country is governed. Private law Tort ○ The law of tort deals with situations when one person infringes the rights of another, resulting in distress or injury; for example, the mental distress caused by being bullied. Contract  ○ This set of laws is concerned with legal agreements between two or more people. Family ○ This law regulates family relationships. Property ○ property law provides regulations about the sale, leasing and hiring of property. Who is who in the court: ○ Accused person or defendant A person who must defend his or her actions in court. They may be defending themselves against a criminal or civil charge or have had a court claim for money brought against them. ○ Audio Visual Link (AVL) AVL enables remote participation for judges, lawyers, witnesses, and defendants through video and audio feeds. ○ Court officer Helps the judicial officer and people coming into the courtroom. The court officer organises court lists, calls witnesses and administers oaths. ○ Court reporter or transcriber Court staff member who records the hearing and writes down or types what is being said. ○ Corrective services officer Provides transport and security for people in custody. ○ Defence lawyer Represents the defendant or accused person. Sometimes several defence lawyers represent the accused person. In the District Court and Supreme Court the defence barrister may wear a wig and gown. ○ Interpreter Assists the court by translating speech from one language into another or by translating sign language into speech. ○ Judge or judicial officer In the District Court and Supreme Court, the judicial officer is called a judge. You call a judicial officer 'Your Honour' when you are in court. In the Local Court the judicial officer is a magistrate. ○ Judge's associate  Helps the judge in court with documents and exhibits used in the case. ○ Jurors Citizens who sit on a jury and consider the evidence in court and decide on matters of fact. The jury is selected at random from the public and their job is to deliver a verdict on the case. In a criminal trial there is typically a jury of 12 people but in some cases there may be additional jurors. In civil cases there is typically a jury of four people. Cases in the Local Court are heard without a jury. ○ Media Representatives from the press, television and online services can attend most court proceedings, except those in the Children's Court. ○ Prosecutor Represents the police or the Crown in criminal matters. In the Local Court, the prosecutor is a specially trained police officer. In the District Court and Supreme Court, the prosecutor is a lawyer from the Office of the Director of Public Prosecutions. ○ Public Members of the public are allowed into the public galleries of courtrooms in New South Wales to watch most cases. However, some cases, including all Children's Court cases, are closed to the public. ○ Sheriff's Officer Maintains the security of courtrooms and complexes and ensures the safety of all people in attendance at court. ○ Support people Come to court to offer support to particular witnesses. They are chosen by particular witnesses, but do not play a role in court proceedings. ○ Witness Someone who gives evidence in a case. Witnesses answer questions asked by the prosecutor and the defence. Before giving evidence, each witness is asked to take an oath or affirmation, which is a promise to tell the truth. Nature of Laws; Values, Morals, and Ethics LAWS: Established rules enforced by the state to maintain order and protect individuals. They are formal and codified. VALUES: Core beliefs or ideals shared by a community, influencing behaviour and decision-making. MORALS: Personal beliefs about right and wrong, often shaped by culture, religion, and individual conscience. ETHICS: Philosophical study of morality; often involves guidelines for professional conduct. How Laws Are Made: Statute and Common Law STATUTE LAW: Laws enacted by Parliament. These are formal written laws and can be amended or repealed. COMMON LAW: Law developed through court decisions and judicial interpretations. Precedents set by higher courts guide lower courts. Roles and Responsibilities of the Three Levels of Government; Division of Powers FEDERAL GOVERNMENT: Oversees national defence, foreign affairs, immigration, and trade. It has the power to make laws that apply across the country. STATE/PROVINCIAL GOVERNMENT: Manages local matters like education, transportation, and health services. LOCAL GOVERNMENT: Focuses on community issues such as zoning, local ordinances, and public services. DIVISION OF POWERS: Constitutional separation of authority to prevent any one level of government from becoming too powerful. Court Hierarchy; Including the High Court and the Constitution LOWER COURTS: Handle minor cases and preliminary hearings. IMMEDIATE COURT: Deal with more serious cases and appeals from lower courts. SUPREME COURT: Handle the most serious offences and significant legal issues. HIGH COURT: The highest court in the jurisdiction, interpreting the Constitution and having final appellate authority. CONSTITUTION: A foundational legal document outlining the structure of government, the rights of citizens, and the division of powers. Role of Legal Personnel Including the Role and Selection of Juries JUDGES: Preside over court proceedings, ensure the law is upheld, and make legal rulings. LAWYERS: Represent clients in legal matters, providing advice and advocacy. JURIES: Groups of citizens selected to hear evidence in trials and deliver verdicts. Their selection process typically involves random selection and screening for biases. Different Types of Laws: Criminal and Civil CRIMINAL LAW: Deals with offences against the state, punishing individuals for crimes (e.g., theft, assault). The state prosecutes the accused. CIVIL LAW: Governs disputes between individuals or entities (e.g., contracts, property disputes). Cases are usually initiated by the affected party seeking compensation or resolution. The Democratic Processes; Separation of Powers; Voting Processes; Political Parties DEMOCRATIC PROCESS: Mechanisms through which citizens participate in governance, primarily through voting in elections. SEPARATION OF POWERS: The division of government responsibilities into distinct branches (executive, legislative, judicial) to prevent abuse of power. VOTING PROCESS: Various methods of casting votes (e.g., in-person, mail-in ballots) ensuring fair representation.  POLITICAL PARTIES: Organised groups that represent specific ideologies, aiming to gain political power through elections and influence policy decisions. WORD MEANING a belief system that rejects governmental authority in favour of Anarchy self-governing or community consensus that has become a synonym for chaos and the breakdown of civil order. Tyranny a cruel, harsh, and unfair government in which a person or small group of people have power over everyone else. Ethics moral principles that govern a person's behaviour or the conduct of an activity. Morals morals are what you believe to be right and wrong. Enforceable/ possible to make people obey, or possible to make happen or be Enforceability accepted an accepted principle or instruction that states the way things are Rules or should be done, and tells you what you are allowed or are not allowed to do a rule of conduct or action laid down and enforced by the supreme Laws governing authority (as the legislature) of a community or established by custom Beliefs a feeling sure that someone or something exists or is true or trustworthy. Customs a way of behaving or a belief that has been established for a long time the legal system followed in Australia, inherited from the United Common law Kingdom. Common law is developed by judges on a case by case basis, building on the precedent and interpretation of earlier court decisions. statute law refers to the body of laws that are enacted by a Statute law legislative body, such as a parliament or congress. These laws are written and codified statutes that have been formally approved and passed through the legislative process.  Precedent something that may serve as an example or rule to be followed in the future. where government is formed; decides matters of national interest; House of represents the interests of people in their electorates; proposes, representatives debates and votes of bills and amendments; examines issues in committees; and scrutinises executive government. one of the two houses of the Australian Federal Parliament. It consists of 76 senators, twelve from each of the six states and two Senate from each of the mainland territories. It shares the power to make laws with the other House of the Parliament, the House of Representatives. Previous. refers to the regular meetings of the Premier and other ministers, Cabinet where they discuss and agree on major issues facing the Government. a set of fundamental rules that determine how a country or state is Constitution run. Almost all constitutions are “codified”, which simply means they are written down clearly in a specific document called “the constitution”. Public Law Public law deals with individuals and their relationship with the state (criminal, constitutional, administrative) Private Law Private law deals with individuals and their relationships with each other (contract, tort, property) Defamation The act of making statements or suggestions that are untrue, which cause harm to someone's reputation in the community. Double A double dissolution occurs when both the Senate and the House of Dissolution Representatives are dissolved – shut down – in order for a federal election to take place. Plaintiff The party who brings a legal action or in whose name it is brought. The person suing another person. Defendant, in criminal cases, is the person accused of the crime. In Defendant civil cases, the defendant is the person or entity that is being sued by the plaintiff. Negligence occurs when a person causes damage to another person Negligence through recklessness or carelessness. The negligent behaviour can be a result of either an act, or a failure to act.  A tort is a legal wrong which one person or entity (the tortfeasor) Tort commits against another person or entity and for which the usual remedy is an award of damages. Many torts protect fundamental liberties, such as personal liberty, and fundamental rights, such as property rights, and provide protection from interferences by other people or entities and by the Crown. Hierarchy a system in which members of an organisation or society are ranked according to relative status or authority (power or importance) Appeal an earnest request for aid, support, sympathy, mercy, etc.; entreaty; petition; plea Bail they will not be in jail, but instead they will be released into the community until the court case starts. Trial In criminal matters, trial is a process of determining innocence or guilt of an accused. a group of people who have been chosen to listen to all the facts in Jury a trial in a law court and to decide if a person is guilty or not guilty, or if a claim has been proved a person who has the knowledge to give an opinion about Judge something or is able to decide if someone or something is good or bad. tasked with presiding over trials and maintaining order a civil officer who administers the law, especially one who conducts Magistrate a court that deals with minor offences and holds preliminary hearings for more serious ones. to use a legal process by which you try to get a court of law to force Sue a person, company, or organisation that has treated you unfairly or hurt you in some way to give you something or to do something Committal a magistrate will consider the evidence the prosecution intends to hearing use and decide if there is enough to take the matter to a trial. Indictable Indictable offences are more serious criminal offences. Indictable offence offences are more serious criminal charges than summary offences and the penalties are often a lot greater. Crimes that can only be heard and decided by a magistrate in the Summary Magistrates Court are called summary offences. In general, these offence offences are less serious than indictable offences and the penalties  that can be imposed are not as great. Original the power to hear a case for the first time, as opposed to appellate jurisdiction jurisdiction. Appellate Appeals and related applications from decisions of courts are heard jurisdiction and determined by the Federal Court in its appellate jurisdiction. Where an appeal might be heard on an original decision. Civil laws the system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs. Criminal law a system of law concerned with the punishment of offenders.