Commerce Study Notes

Flashcards by Rumbi, updated more than 1 year ago
Created by Rumbi almost 7 years ago


These are some short answer questions from the textbook that may help you with your exam

Resource summary

Question Answer
What are the three main roles of laws 1.Protection 2. Freedom 3. Resolving Disputes
What are laws? A set of rules set by society which everyone in the community is expected to follow
What does the expression "might is right" mean and why is it unfair It means that you are always right because you are the more powerful person. It is unfair because most people would be powerless
What 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
Name the court hierarchy in order of minor to serious. 1. Local Court 2. District Court 3. Supreme Court 4. High Court
What is the method of trial used in court? Adversarial System
List the main courtroom officials *magistrate *judge *juror *prosecutor *Counsel of the Defence
What is the role of the jury Weigh up the evidence and decide wether the defendant is liable or the accused is innocent or guilty
What 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
How many jurors are needed in a criminal case and in a civil case Criminal Case:12 Civil Case: 6
In a civil case what are jurors mainly concerned with The jurors decide how much money should be paid for damage
What 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
What 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
In a criminal case, what is a the difference between a majority verdict and a unanimous verdict A 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
Name 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
Name 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
What is private law? Deals with the rights and duties people have towards each other
What is public law? Deals with regulating people's behaviour within society as a whole and protects the freedom of individuals
What 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
What 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
wWhat 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
What is administrative law and is it private or public law? Allows courts to review and change the decisions of government if necessary public law
What 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
What 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
What is property law and is it private or public law? Provides regulations about the sale, leasing, and hiring of real property and personal property
What 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
What is civil law? Is part of private law and deals with non-criminal matters
What are the two main areas of civil law Tort law and contract law
What does the law of tort include negligence defamation nuisance trespass
What is the difference between plaintiff and defendant the plaintiff is the person that's rights have been infringed (the person suing) the defendant is the wrongdoer
What is the purpose of criminal law Protect individuals from others doing wrong so that the community can feel safe
At 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
What is statuary interpretation Statutory interpretation is the process by which a court looks at a law and determines what it means. Legal terminology
What is common law a system of law based on the previous decisions of judges or precedents
what are ethics Ethics are rules that define how things are according to society rules
What are morals Morals are a set of beliefs or guild lines that people follow based on their culture or society
Why do some lawyers provide a pro bono service Because underprivileged members of society deserve court representation
List some barriers that people face in accessing the law *Cost *Time *Procedure *Language
What does the expression "Justice delayed, Justice denied" mean It means that if a trial goes on for a long period, then people are not treated fairly
Why is it important for people to have equal access to law So that everyone has equal opportunity to make use of the legal system
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