Law, Society and Political Involvement: Dot points for revision

Textbook Ch 4 from 4.1 to 4.20

1. Overview

2. Reasons for law, rule and law

Without a set of rules in a society, there would be chaos. Rules usually exist
to create and maintain a sense of order. However, rules must work, or they
are useless. Society has a set of rules called laws, which everyone in the
community is expected to obey. The difference between rule and a law is
that the police and the courts can enforce laws.

3. Main roles of law -

4. Values, morals and ethics – meaning, definition and examples.

5. Court Hierarchy- Local Court, District Court, Supreme Court and High Court. –
the higher court hear the most serious matters which are at the top of the
hierarchy. The lower courts hear less serious matters, which are at the
bottom of the hierarchy.

Local court – is at the bottom of the hierarchy. All criminal and civil cases
mostly begin in the local court. There is no jury, instead is a magistrate who
hears the cases. In a local court, a magistrate also: hears bail applications,
issues arrest warrants and search warrants, hears applications and
apprehended violence orders (AVOs).

District Courts – the middle court in the legal system. Cases are heard by
judges. Deals with more serious civil cases. Deals with serious criminal
matters such as armed robbery and manslaughter. Also hears appeals from
the local court.

Supreme Court – deals with the most serious criminal cases such as murder,
treason and serious sexual assault. Headed by chief justice. Deals with
appeals from the two lower courts.

High Court – deals with appeals from the state or territory supreme courts.
Deals with laws of which Australia is governed by. The decisions made in the
high court are final. Federal court which means any decision made is applied
to the whole country.

6. Specialised courts- Children’s court, Coroner’s court, Family Court, Drug

court of NSW
 Children’s court – deals with cases involving the care and protection of
children and young people. It deals with criminal cases concerning children
and young people who committed offences when under the age of 18.

Coroner’s court – a special court that investigates deaths by unnatural

causes in order to determine the identity of the deceased and the date,
place, circumstances and medical cause of death.

Family court – specialised court that assists Australians to resolve more

complex family law matters such as divorce, parenting disputes and the
division of property when couples separate.

The Drug court of nsw – courts tries to provide long-term solutions for
offenders who have been caught up in the cycle of drug use and crime.

7. The role of court personnel, adversarial system

8. Role and selection of juries- empanelling a jury, arguments for and against
jury system.

A jury is made up of ordinary people whose main role is to be independent

and decide on the facts of the case.

Empanelling a jury – once the jury panel is in the courtroom, empanelment,

which is the process of selecting a jury begins.

9. How law is made- Common Law- precedent and statutory interpretation

There are two ways of making laws. Laws that are written down beforehand
are called statue law or acts of parliament. Common law is laws that can be
developed piece by piece by judges as they come across new problems in
cases they hear.

Common Law – continues to mean the decisions given by judges.

Precedent – judges will give similar decisions in cases that are alike which is
known as the act of precedent. This helps the legal system achieve fairness
and justice as similar cases are dealt within the same way.

Statutory interpretation – courts also make laws when they interpret (decide
on the meaning of) words in a law made by Parliament.

10. Statute law

The laws created by parliament have the highest status and must be obeyed
by all people. Laws that are written down beforehand are called statute law.
11. How a bill becomes a law- law making process – steps

12. Types of law- public, private, criminal, civil, constitutional,

administrative, industrial, tort, contract, family, and property
13. Civil law- negligence, defamation, nuisance, trespass
Civil law is part of private law, deals with non-criminal matters.
Negligence – where a person fails to make reasonable care and, as a result,
injuries another person.
Defamation – where a person injuries 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.

14. Criminal Law- murder, arson, manslaughter, fraud, embezzlement and

assault causing death.

15. Customary law- native title act, circle sentencing -

16. Domestic and International law

Domestic laws relate to being a law-abiding citizen of one’s country.

International law is concerned with setting standards of acceptable
behaviour for nations and their citizens dealing with issues that cross
borders, or issues of concern to society in general.
17. Accessing the law- barriers to accessing the law

Access means equal opportunity for all people to make use of the legal
system. If some people are unable to access the law, then they are
discriminated against and consequently denied justice.

18. Three levels of government- federal, state, and local

Federal – upper house (senate) and lower house (house of representatives).

Responsibilities include of

- Air travel
- Currency
- Defence
- Immigration
- Medicare
- Pensions
- Social security
- Taxation
- Trade and commerce
- Foreign affairs
- Postal services

Also relates to education, environment, health and aboriginal welfare.

State – an upper house (the Legislative Council) and a lower house (the
legislative assembly). The state government obtains most of its income from
federal government grants, and property and payroll taxes. State government
responsibilities include:

- Aboriginal welfare
- Agriculture and fishing
- Community services
- Consumer affairs
- Education
- Emergency services
- Health
- Law and order
- Public transport
- Road and railways
- Sport and recreation

Local government – often referred to as councils or shires. The local

government areas operate under state government legislation and can only
make rules, called by laws, on local issues. They are responsible for the
 needs of the citizens in a particular area and they obtain most of its income
from land rates. Responsibilities include:

- Dog/cat registration
- Libraries
- Parks
- Rubbish collection
- Sewerage
- Streets and bridges
- Swimming pools
- Town planning

19. Why do laws change?

20. Referendum – 3 types of law thing, how a referendum is made, different

laws federal law , state law local law representiave and what laws they
make.