Professional Documents
Culture Documents
2. Laws of the land are different from school or sport rules because
laws of the land are legal rules and as such are enforceable by
police and the court. However, if you break a school or sport rule
the consequences are dealt with by the people in charge, such as
the principal or the organiser of the sport event.
3. A person who breaks the law can be taken to court and penalised
for the unlawful action.
b. You can get married, run a business, drive a car, buy alcohol.
9. 9. Your story or cartoon will show the effect of not having any
traffic laws in a city, but you could take this task in a variety of
directions.
10. Not having traffic laws might mean, among many other
effects:
1.
a. The Commandments that are included in our legal system
include: ‘You shall not murder’, ‘You shall not steal’ and ‘You
shall not bear false witness’. The Commandment ‘You shall not
take the name of the Lord in vain’ may also be included in a
courtroom as many witnesses swear an oath to God to tell the
truth and nothing but the truth.
4. The settlers did not recognise the pre-existing Aboriginal law when
they arrived and as a consequence the Aboriginal people were
expected to follow English law. This created many
misunderstandings and problems.
3. The High Court can hear appeals from Supreme Court cases.
6.
7.
a. The role of the High Court is to deal with appeals from the state
or territory supreme courts as well as hearing cases concerning
the interpretation of the Australian Constitution.
b. The role of the Family court is to deal with divorce matters, child
custody disputes and division of wealth upon separation.
10.
a. Supreme Court
b. High Court
c. Local Court
e. District Court
f. Children’s Court
h. High Court
i. Family Court
12. The decisions might be made public because they can help
lawyers and law students to understand the law and judges'
decisions more thoroughly. For example, they might set new
precedents that legal professional should know about in order to
represent their client effectively.
Ex 4.5 Knowledge and understanding
2. There are six jurors in a civil case. There are twelve jurors in a
criminal case.
3. The counsel for the defence represents the accused and tries to
lessen the punishment (in a guilty plea) or convince the
magistrate/judge and jury that the accused is innocent (in a not-
guilty plea).
6.
7. A hung jury means that the jurors can’t agree on a verdict. If this
happens, a new trial has to start. This has several effects, such as:
4. The term precedent refers to the laws made by judges that are
used by other judges when making decisions in similar cases. This
helps the legal system to achieve fairness and justice by ensuring
that similar cases receive a similar verdict.
7.
c. The cases are different but they both involve consumers who
bought a product that caused them discomfort and pain.
Therefore it was appropriate to use Donoghue v. Stevenson
(1932) as a precedent in the Dr Grant case.
1.
The word ‘parliament’ comes from the French word parler which
means ‘to speak’. This is appropriate because the role of the
parliament is to discuss problems and find solutions.
2. Laws can be made on three levels: federal, state and local council.
4. Only the High Court of Australia has the power to overturn a statute
law but only if the law is unconstitutional.
6. The High Court is the only court that has the power to settle
disagreements regarding constitutional issues.
7. I think Section 109 was included to ensure that rules made by the
federal parliament supersede state laws. Laws regulating the
whole country are more important than laws dealing with a state or
territory.
However, there are ways in which the system is not entirely fair.
Sometimes laws are created that appeal to the majority or to a
specified group in our society. This isn't necessarily fair because
sometimes the people who need to most government support, such
as people on very low incomes or people who are ill, won't have
access to the resources needed to effectively lobby members of
parliament. That means their interests might not be looked after as
well as they might be. Another reason the system might not be
considered fair is that the government could just focus on passing
legislation that appeals to people in marginal seats. Their needs
might not reflect the needs of the whole nation, but keeping people
in marginal electorate happy will make it more likely that a
government will win those seats and be re-elected.
Ex 4.10 Knowledge and understanding
2. The term tort refers to civil wrongs. In other words, tort means
that if a person commits an act that causes damage to another
person, their property or reputation, the plaintiff is able to seek
compensation in a civil court rather than a criminal court.
3.
4. I think the law has been divided into different branches for three
reasons:
a. Joanne could make a complaint, and I think she should have the
right to do so. However, there are some issues to consider in
terms of whether or not her complaint might be successful, such
as how often the neighbour plays loud music, what hours the
music is played and how it has affected Joanne’s life.
2. The two main areas of civil law are the law of tort and contract
law.
4. The plaintiff in a civil case is the person who has been wronged
and the defendant is the person who is being sued for having
committed a civil wrong.
6.
8.
9.
1.
d. True. The community does expect offenders who break the law
to be punished in some way. This is not only seen as a way to
discipline offenders, but a way to discourage people from
committing crimes.
3.
a. First Nations Australians knew what their laws were because the
laws were passed on in an oral tradition and maintained by a
group of Elders who knew and administered the laws.
4. Kinship means rules that outline the correct way of living including
everyday situations such as sharing food, marriage, education and
trade.
5. Eddie Mabo won the court case because he was able to prove that
the Murray Islanders had held ongoing occupation and usage of the
land. As a consequence, the Native Title Act was legislated, which
recognised Customary Law and rejected the idea of Terra Nullius.
6. Captain Cook’s arrival had a huge and lasting impact on the ability
of Aboriginal peoples to freely enforce their customary laws. The
new legal system introduced by the British not only brought new
laws but also new values and traditions. The clash between the
two legal systems caused considerable upset, confusion and
disorder.
7. Circle sentencing is when the accused sits down with the victim
and all other people who have been affected by the crime as well
as Elders from the community, legal representatives and a
magistrate. A discussion is held about the crime and its impact and
the suitable punishment is discussed. Circle sentencing may help
Indigenous peoples to access the law in Australia because this
form of sentencing takes into consideration cultural values and
beliefs.
Ex 4.14 Knowledge and understanding
1.
2. Five barriers that people face in accessing the law are cost,
distance, time, procedures and language.
4.
2.
5. For:
I do support the new cybercrime legislation because the laws are
Against:
I do not support the new cybercrime legislation because the law
will infringe on the civil liberties of innocent people when their
internet service providers keep track of their movements on the
internet. The law might catch some people who are committing
crimes, but sophisticated cybercriminals will simply develop ways
to mask their movements to avoid this kind of operation. On
balance, the potential erosion of our freedoms from this
surveillance is not worth the few petty online criminals that will be
caught.
6.
3. With $20 000 to help young people, you might have settled on
projects such as building new recreation facilities or fixing existing
equipment like basketball courts; organising a local music
competition to promote young musical acts; or running workshops
in resume writing, finding work or running a small business from
home.
4.
b. While the larger states might have enough votes to get it carried
through as an overall majority of votes, it is unlikely that a majority
of states and territories will agree. The voters in smaller states will
not want their influence diminished.
Ex 4.21 Knowledge and understanding
2. Five key facts about the history and attributes of democracy are:
5.
6.
a. The quote means that a democracy works best when the citizens
have ultimate power because they are able to elect
representatives to act on their behalf.
1. All citizens over 18 who are of sound mind, have not been
convicted of treason or spent more than three years in jail has the
right to vote in Australia.
2. Some of the pressure groups that you might be familiar with are
Greenpeace, The Wilderness Society and GetUp!
6. Sample answer: I think that the right that is the most important is
the right to be protected from discrimination because this is a core
right in providing people have an equal chance to enjoy all of the
opportunities that Australia can offer.
7. Your classroom rules or school rules are a good guide for listing
rules and responsibilities. For instance, the rule ‘Don’t
be disruptive in class’ implies that it is the right of all students to
learn and it is the responsibility of students to ensure that they do
Responsibilities
4. The Liberal Party forms a coalition with the Nationals because they
have many mutual aims and goals, such as reducing government
spending and interference in society, and encouraging the growth
of Australian businesses. The Liberal Party would not join with the
Labor Party because that party wants to ensure that wealth and
power are more evenly shared in society, and believes that
government has a responsibility to look after the people. It is
unlikely that the Greens will win enough seats to form government
because their focus is a bit too narrow. They might also alienate
wealthy and powerful business leaders in the Liberal Party with
some of their policies.
7. Your answer might have taken some of the following into account:
a. The Labor Party did not win in Election A, although they won the
most seats, because the Liberals and Nationals were in a
coalition and, as a consequence, got more seats than the Labor
Party.
b. The Liberals lost 14 seats and the National Party gained 6. That
means that the Liberal–National coalition lost 8 seats in total.
2.
b. The opposition is the party that did not win in the election.
d. The leader of the party that did not win becomes leader of the
opposition.
Anna now has a quota and 2289 surplus votes. These are passed on
in a similar way to Ying’s votes, but at a transfer value of 0.008
(2289 divided by 298 000).
The total number of votes were 90 000. This means that the
candidate has to reach a total of 45 001 votes to win.
8000 13 000
(Michael) (Michael)
18 000
(Jan)
8. The cabinet can have real power with a strong majority in both
houses, but the level of power depends on the voting majority of
the governing party in each house. Because legislation has to pass
through both houses, the cabinet cannot make legislation on its
own. However, the cabinet can influence the decision-making
process.
1.
c. The judicial arm includes the courts that enforce the laws, and
all parts of our legal system. An example is the High Court
interpreting the Constitution to determine whether new
legislation is legal.
2.
5.
1. D
The High Court is the only court in Australia that hears cases
concerning interpretations of the Australian Constitution.
2. A
3. B
4. B
6. B
7. C
8. C
9. A
Cost of obtaining legal advice and lengthy trials are factors that
can create barriers to accessing the law.
10. C
11. C
12. C
13. C
There are not six parliaments in Australia. Each of the six states
have their own parliament, and so do the Northern Territory and the
ACT.
14. D
15. B
16. A
17. C
Australia does not have a legal system that began in the United
States of America, it began in Britain.
18. D
19. B
20. D
Murder, child abuse and armed robbery are all indictable offences.
21. B
22. C
1.
beyond
The standard of proof required in a criminal trial reasonable
doubt
2. If a society has too few laws, it can cause confusion and disorder
leading to anarchy and the strong ruling over the weak. However, if
a country has too many rules, it can infringe on basic human rights.
6.
a. Criminal law deals with criminal behaviour and the cases are
brought to court by the state (that is, police or representatives
from the government). Civil law deals with non-criminal matters
and allows for individuals to bring forward cases against
members of the public for civil wrongs done to them.
7. Murder: Our society values human life and, therefore, very harsh
punishments exist for people who commit murder.
8. Laws can be changed in three ways. Judges make new laws when
they encounter new disputes they need to resolve. High Court
judges interpret words in the Constitution. People apply pressure
to the government to change an existing law.
15. Jurors listen to the evidence submitted from both sides and
decide whether the accused is guilty (in a criminal trial) or how
much money should be paid for damages (in a civil trial).
1. Your answer should consider the laws that restrict your lives and
what powers you have or will get when you turn 18. For instance,
the right to vote is one of the most important things you can do to
partake in the decision-making process. However, before you can
vote, you can join pressure groups or youth organisations. You also
have the right to hold your own views and values and vote
according to those. You also have the ability to lobby politicians
directly.
lobbying
emailing or writing to members of parliament or local members
joining pressure groups
partaking in demonstrations.
3. In a ‘first past the post’ voting system, you only give one vote and
the person with the biggest number of votes win. In a preferential
voting system, you need to gain a majority and, as such, the
preferences are counted in order to determine who has one.