COMMERCE: LAW AND SOCIETY NOTES

REASONS FOR LAWS:

Increase in rate of violence
No humane rights
Lack of Equality
Control by rival warlords
No influence of authority
No sense of safety and security
Dictation
Anarchy: A state of disorder due to absence or non-recognition of
authority or other controlling systems
TYPES OF LAWS IN SOCIETY:
Anti-Discrimination Laws
Employment Laws
Health and Safety Laws
Fair Trading Laws
Fraud, Embezzlement
Assault and Battery Laws
Driving Offences
Defamation Laws
Burglary/Robbery and Theft Laws
Computer Hacking Laws
Laws
1.
2.

3.
4.
5.
6.

Similarit
y
Legal Variation of Rules To punish
Enforced by
for ones
governmental factors
wrongdoi
such as police and
ngs and
prosecutors
failure to
Set by government
abide by
Involve voting process
either
Inflexible and carry stiff laws or
penalties
rules
Not for teaching but
order in society.

Rules
1. Set by
Individuals/Organizations
2. More flexible and have
lighter consequences when
broken
3. Set during childhood to
prepare for living with
accordance with laws.

LAWS, RULES AND REGULATIONS

Laws: Written rules that are recognized by the community as
binding on all its members. They are upheld by the legal system.

Rule: Standard or guide for behavior. Defines what can or cannot be

done, but may not be enforced by the legal system.
Regulation: Direction that outlines how something is to be done, or
the order in which it is to be done. The local council often imposes
regulations that restrict the things you can do in parks or on streets.
WHAT MAKES A GOOD LAW?
Fair and Just (Equal for everybody)
Clear (so its intentions is clear to the community)
Enforceable
In accordance with human rights
Reasonable and understood by community
Social and Ethical Acceptance (Flexible)
THE LEGAL SYSTEM
AUSTRALIAS LEGAL
SYSTEM
Common
Law
Formation
of laws
Statue Law

Judge-made or case
law. Refers to
body of rules,
Legal
Legal
Enforcement
principles
and
solutions
applied
by
judges to cases.
Institution
Profession
Agencies
Parliament made law or legislation. Refers to laws made
by Federal and State Parliaments (must go through set
process).
Courts
Place where a judge
and a jury,
decides
- Statue
- Courts
- Barristers
or or-a magistrate
Government
legal
matters.
Law
- Parliament
Solicitors
Department
Parliament
Group of elected
whosmake decisions
- Common - Quasi- representatives
Judges or
regarding the running
and law making
of the country.
Law
Judicial
Magistrates
- Enforcemen
Quasi-Judicial
Made up of tribunals and boards that do not have to
bodies
follow the strict procedures in courtroom (their findings
are generally not enforceable)
Judges/Magistra Preside over courts, pass judgment and decide sentences
tes
on matters before them
Barristers/Solicit Comprises two groups in legal profession of whom
ors
negotiate for, and appear for their clients in court
Police
People officially responsible for making sure people obey
law and they investigate any reported or suspected
crime.
Government
Some of these departments have powers to investigate
Departments
any breaches of laws that they are responsible for e.g.
ATO (taxation office)
Solicitors are lawyers who work in an office whom the client
goes to. However, a barrister is employed by the solicitor to
argue the case in court for the client.
COURT STRUCTURE

High
-

Court:
Highest Court in Australia
Hears appeals from Federal and State Courts
Hears cases regarding interpretation of Australian Constitution
7 Judges. Majority of Judges Prevail.

Federal Court:
- Hears cases that concern Federal Laws (e.g. Cases brought by
Australian Competition and Consumer Commission ACCC e.g.
Apple iPad , 4G misinterpretation case)
- Full court is 3 judges
Family Court:
- Hears cases concerning family laws in Australia (e.g. divorce,
child custody)
- Federal Magistrates Court provides alternative court for
Federal Court and Family Court for quick hearing of simple
federal cases.
Supreme Court:
- Highest court in State
- Generally hears matters involving most serious cases
(Criminal and Civil) (Serious criminal offences indictable
offences such as rape and murder, drug related serious cases
and manslaughter)
- Judges with or without jury
- Unlimited jurisdiction (can hear any kind of crime)
- Full court of three judges and a jury
District Court:
- Hears appeals from lower courts

Hears criminal cases and civil case limited to the value of

$750,000
Jury f 12 people and judge
Unlimited jurisdiction in motor accident cases
Serious criminal cases like armed robbery and burglary are
heard

Local Courts:
- Jurisdiction includes less serious criminal offences. AKA
summary offence e.g. speeding offences, shoplifting, drink
driving
- Court hears civil cases and less serious criminal cases of up to
$40,000
- Court presided over by magistrate. Has no jury
- 160 local courts in NSW
- Committal hearings are heard in local court (any committal
case- even rape)
- Magistrate hears bail applications
- 80% of cases, both civil and criminal are heard here
COURT PERSONNEL
Judge: an officer who is elected to preside and to administer the
law in a court of justice
Tipstaff: Keep order in court and may administer the oath
Court Reporter: Keeps a record of all proceedings. These
proceedings are taped and the court reporter transcribes the tape to
provide written record.
Sheriff: Sevres summons (a request to be in court to give
evidence), swears in witness and looks after jury.
Bailiff: Makes sure that the orders of the magistrate are carried out.
Court Constable: Calls people to give evidence. This may be a
police officer.
The Accused/Defendant: Person accused of a crime. A Defence
Team will defend them.
The Plaintiff/Applicant: Person who brings an action in a civil case
The Victim: Person who has been injured or affected by the action
of others.
The Witnesses: People who have seen a crime being committed or
have information that may be relevant to the case in question.

JURIES
Process involved in Jury Selection
- Inclusion on the jury roll. Notices of Inclusion are sent
out to tell people they are on the jury roll. This is a list of
people who could be selected for jury service in the next 12
months.
- Summons to jury service. People who have been sent
a Notice of Inclusion may be sent a Jury
Summons requiring them to report to court on a particular day
for jury service.
- Jury selection and empanelling. At court, people who have
been summoned are randomly selected and may
then be empanelled to serve on a jury in a particular trial.
Your jury summons (a legal document you must obey. It is
usually sent a month before you come to court. This gives
you time to talk to your employer and family and make
arrangements.) will inform you about:

which court you need to go to - District, Supreme or Coroner's

Court

the location of the court, including a street address

the date and time you are required to attend

an estimate of the length of the trial, if it is expected to last

more than two weeks
whether the case will be criminal or civil (the jurisdiction)

contact details for the Sheriff's office

Jury: A body of people sworn to give a verdict in a legal case on the
basis of evidence submitted to them in court. They bring community
values into the judicial process through allowing public to be
involved in justice system (In civil trial they decide whether case
has been proved on the balance of probabilities, In criminal case
they decide whether the case has been proved on beyond
reasonable doubt)
Jury Duty: Service as a juror in a legal proceeding
Challenge: Rejection of juror by prosecutor and defence counsel
Hung Jury: Deadlock jury who cannot by the required voting
threshold agree upon verdict after extended deliberation and unable
to change votes

Advantages

Disadvantages

1. Provide barometer of public

opinion
2. Application of common and
community values
3. Efficient system of 800 years of
success
4. Civic duty- rare opportunity for
citizenship
5. With 12 jurors there is no bias

1. Inconvenience and financial loss to j

2. Easily influenced by impressive barri
judge-mislead by barrister technique
strengthen evidence
3. Lack of research and knowledge defi
assessment
4. Jury members may have string of
convictions not serious to disqualify
5. Expense of jury trial

Unanimous: (of an opinion, decision or vote) held or carried by

everyone involved
Empanelled: Enlist or enrol to jury
Verdict: Decision on an issue of fact in a civil or criminal case or an
inquest
CLASSIFYING LAWS
Public Law (Person and state)
Criminal Law Deals with
those actions that are offences

Private Law (Person and other individuals)

Contract Law: Legally binding
agreements between individuals

against state
Administrative Law: Regulates
the powers and duties of
administrative officers and
duties of administrative officer
and authorities (e.g. Department
of Education +Training)
Constitutional Law: Defines
structure of gov. and rights of
individual in country. Rules also
on powers between
Commonwealth and States

Tort Laws: Determines whether a person

has committed a civil wrong that allows
another person to recover money or
remedy or compensation from another
(nuisance, defamation and trespass,
negligence)
Trust Law: Regulates conduct of people
who hold property on behalf of others
Family Law: Matters concerning
marriage, divorce and parental
responsibilities
Succession Law: Deals with wills,
inheritance and administration of
deceaseds estate
Property Law: Deals with ownership of
land+ goods
Company Law: Deals with incorporation,
administration and dissolution of
companies

HOW LAWS ARE MADE

Statue Laws (Parliament Laws)

Laws made by Parliament are called Acts, statutes or legislation. To create

new laws a Bill (a draft Act) is debated in Parliament. If it is passed by a
majority in both houses of Parliament it becomes an Act.

1. First Reading: A bill (proposed idea) introduced to parliament

2. Second Reading: Reasons for the introduction of the bill are
given sating the intentions of the bill
3. Committee stage: The bill is considered in detail and may be
debated. Amendments to the bill may be made.
4. Third Reading: Involves the formal reading of bill and its then
voted on
5. Other house: Bill is sent to the other house for review
6. Royal assent: If the house accepts, Governor General signs it
7. Bill becomes an Act of Parliament
8. Act becomes Law
Common Law (Judge-made Laws)
Judge-made law known as common law is law that has developed
from judgments handed down in court. It is most often used to make
decisions about areas that are not included in Acts of Parliament.
When using common law judges decide cases along the lines of
earlier decisions made in similar cases (precedents).

Judges are also required to interpret legislation if there is a dispute

about the meaning or how to apply an Act in a case. These
interpretations then become part of the common law.
LAWS, MORALS, VALUES AND ETHICS
Values: Standards that most people in society have or live by
Morals: Principles or Rules of Conduct. They provide a means of
distinguishing between right or wrong.
Ethics: Systems of moral principals by which human actions or
proposals maybe judged good or bad, right or wrong.
HOW DOES LAW RECOGNISE VALUES
Moral Values:
- Murder
- Sexual Discrimination
- Right to freedom of religion
Social Values:
- Marriage between a man and a woman
- Prohibition of smoking on public transport
- Laws on the possession of guns
Economic Values:
- Consumer Protection
- Right to sell and own Property
Political Values:
- Right to vote
- Right to form a political party
ACCESS AND FAIRNESS
There are four main factors in accessing the law: cost, time,
procedures and language.
1. Cost:
- Some ways of accessing the law are inexpensive (e.g.
conducting a web search)
- Administering law and order however is quite expensive
Reasons why?
Increase in number of disputes
Number of people involved
Fees charged by solicitors and barristers

 Cost of using the courts ($40,000 charge of appealing to

High Court)
2. Time:
- It often takes months or years for a case to come to court
- It takes time for prosecution and defence to gather the
materials needed to mount the case
3. Procedures:
- If the case is to be heard in the Local Court, a solicitor must be
employed
- Cases heard in the higher court require a barrister to be
briefed as well
- To take a case to court, there are application fees
- A daily charge is imposed for each court
- Expert witnesses may need to be summoned as well
4. Language
- Almost 50% of people in Sydney speak a language other than
English at home
- Migrants, indigenous Australians, people with mental diseases
and those who have trouble communicating have more trouble
accessing the law
- Because of legal language, many people have difficulties
understanding legal documents