Fichas
Commerce Study Notes
Fichas del conjunto (40)
- 1What are the three main roles of laws1.Protection
2. Freedom
3. Resolving Disputes - 2What are laws?A set of rules set by society which everyone in the community is expected to follow
- 3What does the expression "might is right" mean and why is it unfairIt means that you are always right because you are the more powerful person. It is unfair because most people would be powerless
- 4What are the four roles of police in our society?*To enforce the laws
*prevent and detect crime
*protect life and property
*maintain peace and order - 5Name the court hierarchy in order of minor to serious.1. Local Court
2. District Court
3. Supreme Court
4. High Court - 6What is the method of trial used in court?Adversarial System
- 7List the main courtroom officials*magistrate
*judge
*juror
*prosecutor
*Counsel of the Defence - 8What is the role of the juryWeigh up the evidence and decide wether the defendant is liable or the accused is innocent or guilty
- 9What is Empanelment? Explain the process.Empanelment is the process of selecting a jury. Potential jurors must walk past the accused and his or her counsel, as well as the prosecution. This is so counsel can decide wether or not they are the type of people they want on the jury
- 10How many jurors are needed in a criminal case and in a civil caseCriminal Case:12
Civil Case: 6 - 11In a civil case what are jurors mainly concerned withThe jurors decide how much money should be paid for damage
- 12What people are exempt from doing jury duty?*Doctors
*People of 65 years
*Anyone who works in the legal system
*Anyone who has a criminal record - 13What is a hung jury and what happens if there is one?A hung jury is when the jury can't decide on a verdict. As a result a new trial is ordered
- 14In a criminal case, what is a the difference between a majority verdict and a unanimous verdictA majority verdict is when 11 out of 12 jurors come to the same decision
A unanimous verdict is when all 12 jurors come to the same decisions - 15Name some advantages of jurors*They represent society's values and attitudes
*Final decision is made by more than one person
*Independent and impartial decision makers that are not controlled by the government
*Ordinary peoplecan be part of the adminstration of justice - 16Name some disadvantages of jurors.*Some people are exempt so it's not a true representation of society
*Ordinary people may not understand legal terms
*Jurors don't have to give reasons for their decisions
*Easily persuaded by clever lawyers - 17What is private law?Deals with the rights and duties people have towards each other
- 18What is public law?Deals with regulating people's behaviour within society as a whole and protects the freedom of individuals
- 19What is family law and is it public or private law?Sets out rules about the process of getting married; who can get married; de facto relationships; divorce; custody and other aspects involving family members
Private law - 20What are criminal laws and is it private or public law?the body of law that deals with crime and the legal punishment of criminal offenses.
public law - 21wWhat is constitutional law and is it private or public law?It lays down and guides the duties and powers of the government, and the duties and rights of its citizens and residents.
Public law - 22What is administrative law and is it private or public law?Allows courts to review and change the decisions of government if necessary
public law - 23What is contract law and is it private or public law?Deals with legal agreements between two or more people. When one party fails to carry their side of the agreement, they can be sued for breach of contract
private - 24What is industrial law and is it private or public law?`Deals with the legal way of resolving industrial disputes, workers' compensation, occupational health and safety, and discrimination in the workforce
public law - 25What is property law and is it private or public law?Provides regulations about the sale, leasing, and hiring of real property and personal property
- 26What is tort law and is it private or public law?Deals with situations where one person infringes the rights of another causing injury or distress
private law - 27What is civil law?Is part of private law and deals with non-criminal matters
- 28What are the two main areas of civil lawTort law and contract law
- 29What does the law of tort includenegligence
defamation
nuisance
trespass - 30What is the difference between plaintiff and defendantthe plaintiff is the person that's rights have been infringed (the person suing)
the defendant is the wrongdoer - 31What is the purpose of criminal lawProtect individuals from others doing wrong so that the community can feel safe
- 32At what age can a person be charged with a criminal offence? Why is this the "age of reason"?10 years of age because that is the age when the offender knows the difference between right and wrong
- 33What is statuary interpretationStatutory interpretation is the process by which a court looks at a law and determines what it means.
Legal terminology - 34What is common lawa system of law based on the previous decisions of judges or precedents
- 35what are ethicsEthics are rules that define how things are according to society rules
- 36What are moralsMorals are a set of beliefs or guild lines that people follow based on their culture or society
- 37Why do some lawyers provide a pro bono serviceBecause underprivileged members of society deserve court representation
- 38List some barriers that people face in accessing the law*Cost
*Time
*Procedure
*Language - 39What does the expression "Justice delayed, Justice denied" meanIt means that if a trial goes on for a long period, then people are not treated fairly
- 40Why is it important for people to have equal access to lawSo that everyone has equal opportunity to make use of the legal system
Información
- Descripción
- These are some short answer questions from the textbook that may help you with your exam
- Creado por
- Rumbi
- Visitas
- 94
- Etiquetas
- Valoración