Introduction to Law & Government

governmentgovernmentand the lawand the law

ObjectiveObjective

For you to:For you to:

gain a basic understanding of how our gain a basic understanding of how our

legal system workslegal system works become familiar with some terms that become familiar with some terms that

are used in legal processesare used in legal processes find out which court is whichfind out which court is which find out why we must have lawsfind out why we must have laws See the difference between rules & See the difference between rules &

lawslaws

Some Legal termsSome Legal terms burdon of proof – burdon of proof – prosecution must prove that the person accused prosecution must prove that the person accused

is guilty of the crime.is guilty of the crime.

actus reus – “guilty act” actus reus – “guilty act” the prosecution must prove that the the prosecution must prove that the accused committed the crime voluntarilyaccused committed the crime voluntarily

indictable offences – indictable offences – serious offences that require a full trial with a serious offences that require a full trial with a jury. jury. (armed robbery, murder, serious drug offences)(armed robbery, murder, serious drug offences)

legally binding decision – legally binding decision – an order given by a court that must be an order given by a court that must be followed.followed.

presumption of innocence – presumption of innocence – innocent unless proven guiltyinnocent unless proven guilty

Judge – Judge – a highly trained legal professional who presides over District, a highly trained legal professional who presides over District, Supreme and High Courts. His role is to advise the jury and pass Supreme and High Courts. His role is to advise the jury and pass sentencesentence

summary offencesummary offence – criminal, less serious crime dealt with by the – criminal, less serious crime dealt with by the Local Court Local Court (shoplifting)(shoplifting)

Remand – Remand – a person held in custody while they await triala person held in custody while they await trial

Discretionary powerDiscretionary power – to exercise personal or professional – to exercise personal or professional judgment in decision makingjudgment in decision making

More termsMore terms fundamental rights – fundamental rights – rights every person is entitled toorights every person is entitled too age of majority – age of majority – 18 judged as adult18 judged as adult contract – contract – a legally enforceable agreementa legally enforceable agreement witness - witness - one who testifies or gives evidence in courtone who testifies or gives evidence in court anarchy – anarchy – no law or government, people free to do as they no law or government, people free to do as they

please, society unable to functionplease, society unable to function Statute Law – Statute Law – Laws made by ParliamentLaws made by Parliament Common Law – Common Law – also known as judge-made law, used when there also known as judge-made law, used when there

is no appropriate Statue Lawis no appropriate Statue Law Civil Law – Civil Law – Laws that govern the legal relationship between Laws that govern the legal relationship between

individuals and individuals and organisationsindividuals and individuals and organisations Contract Law – Contract Law – a legally binding agreement between two or a legally binding agreement between two or

more partiesmore parties Tort Law – Tort Law – Civil wrongsCivil wrongs legal capacitylegal capacity – the legal rights & responsibilities associated with – the legal rights & responsibilities associated with

a person’s agea person’s age doctrine of precedent – a judgement or decision of a court of law doctrine of precedent – a judgement or decision of a court of law

used in similar offences, used in similar offences, (stare decises),(stare decises), to stand by a decision to stand by a decision

Why have laws and rules ?Why have laws and rules ? to regulate our societyto regulate our society to protect us and our propertyto protect us and our property to ensure everyone in our community behaves the to ensure everyone in our community behaves the

way society expectsway society expects to protect our environmentto protect our environment to protect our healthto protect our health to protect our privacyto protect our privacy to protect business to protect business

Laws and rules influence every aspect of our Laws and rules influence every aspect of our liveslives

If you choose to break the law, the law will If you choose to break the law, the law will impose consequencesimpose consequences

Laws in our society must beLaws in our society must be JUSTJUST – – no one is disadvantages or favouredno one is disadvantages or favoured ENFORCABLEENFORCABLE – – punishment of some kind is punishment of some kind is

necessary if laws are brokennecessary if laws are broken ACCEPTABLEACCEPTABLE – – needs to fit in with the needs to fit in with the

communities it governscommunities it governs

Is a law and a rule the same thing? NO, but both of them:

• set clear expectations

• have consequences if broken = punishment

• are acceptable to the group they govern

A law is ‘binding’ or applies to allA law is ‘binding’ or applies to all

A rule is ‘binding’ only to members of a smaller A rule is ‘binding’ only to members of a smaller organisationorganisation

The smoke Free Environment Act makes smoking in any enclosed The smoke Free Environment Act makes smoking in any enclosed public place illegal = law public place illegal = law

A club may have a rule that collared shirts must be worn at all A club may have a rule that collared shirts must be worn at all times in their premises = ruletimes in their premises = rule

What about regulations? These are different again. The term is often used incorrectly These are different again. The term is often used incorrectly

when really meaning a rule.when really meaning a rule.

Remember that rules and regulations are NOT Remember that rules and regulations are NOT lawslaws

Rules are specific and apply only to some people, some of Rules are specific and apply only to some people, some of the time and regulations are more generalthe time and regulations are more general

Eg. School has regulations about the type of uniform to be Eg. School has regulations about the type of uniform to be worn, but the school rules that state specifically how it is to worn, but the school rules that state specifically how it is to be worn.be worn.

What happens if I break the Law?What happens if I break the Law?Consequences are enforced by the police and/or court Consequences are enforced by the police and/or court systemsystem

The punishment may be:The punishment may be: a fine for less dangerous crimes to lifelong prison terms for a fine for less dangerous crimes to lifelong prison terms for

highly vicious crimes like murder. highly vicious crimes like murder.

Other options:Other options: community service hours community service hours (only given to offenders not considered (only given to offenders not considered

dangerous)dangerous) good behaviour bonds good behaviour bonds (criminals agree to stay out of trouble and (criminals agree to stay out of trouble and

report to authorities regularly)report to authorities regularly)

THE LEGAL SYSTEM & GOVERNMENTStrongly connected - federal, state and local governments are responsible for making and reforming laws.

Australian government is based on the principles of democracy = we elect our government so citizens ultimately make the decisions.

We also use the federal system = 1 central government for the whole country as well as 6 separate state and 2 territory governments.

DIVISION OF POWERSDIVISION OF POWERSRefers to the way federal, state and Refers to the way federal, state and (to an extent)(to an extent) local local governments split up their areas of responsibility of power after governments split up their areas of responsibility of power after federation federation (1901)(1901)

If State and Federal laws clash in an area they share, sect.109 of If State and Federal laws clash in an area they share, sect.109 of the Constitution states that Federal law prevails. the Constitution states that Federal law prevails.

So, the federal government can do whatever they So, the federal government can do whatever they like?like?

NO NO – the powers of the Federal Government are mostly listed in – the powers of the Federal Government are mostly listed in sect.51 of the Australian Constitution – sect.51 of the Australian Constitution – remember the votersremember the voters

SEPERATION OF POWERSSEPERATION OF POWERSRefers to which part of government makes the law and which part Refers to which part of government makes the law and which part has to enforce it. Enforcement is distributed between 3 arms of has to enforce it. Enforcement is distributed between 3 arms of g’mentg’ment1. Legislative – responsible for passing Acts of Parliament2. Executive – puts into practice the Acts passed by legislature3. Judiciary – applies the law to individual situations. Settles

disputes by using the court system and law enforcement authorities (judges & magistrates)

THE COURT HIERARCHYTHE COURT HIERARCHY

High Court of Australia

Federal Court of AustraliaFamily Court of Australia

State District CourtCriminal – indictable offencesCivil - $40,000 to $200,000

State Local CourtMagistrate – Criminal – minor offences

Civil – under $40,000

State Supreme CourtCriminal – most serious

Civil - $200,000 and over

AREAS OF LAW

Family Law

Criminal Law(PUBLIC)

Common Law(PRIVATE)

FAMILY LAWDeals with family issues such as marriage, de-facto, same sex relationships and the relationship between parents and children

CRIMINAL LAW (beyond reasonable doubt)

Laws to protect the general public from harm.A criminal case is between the accused and the state. The prosecution must prove the elements of a crime, often referred to as actus reus (the criminal act) and mens rea, (intention to commit the act). Various types are:

COMMON (precedent) CIVIL LAWGoverns the legal relations between individuals and organisations. Launched by individuals or organisations who seek the courts assistance to solve a dispute that has arisen between them. Main areas are: Contract, Property & Tort Law. Mainly related to issues of trespass, negligence or defamation.

• crime against the person• crime against property• regulatory offences – affects smooth

running of society = traffic

Activities to completeActivities to complete1.1. Why do we need lawsWhy do we need laws

2.2. Should there be some areas in society where no laws exists? Should there be some areas in society where no laws exists? Outline why/why not – give examplesOutline why/why not – give examples

3.3. Outline why society uses a system of L and P plates to Outline why society uses a system of L and P plates to designate less experienced drivers?designate less experienced drivers?

4.4. Why are there laws about how to use a roundabout or traffic Why are there laws about how to use a roundabout or traffic lights?lights?

5.5. Explain, why are there demerit points tied to drivers Explain, why are there demerit points tied to drivers licences?licences?

6.6. Distinguish the difference between a rule and a law.Distinguish the difference between a rule and a law.

7.7. Explain what is meant by a hierarchical system of courts.Explain what is meant by a hierarchical system of courts.

8.8. What is meant by public behaviour laws? Give two examples.What is meant by public behaviour laws? Give two examples.

9.9. Explain the difference between an indictable and a summary Explain the difference between an indictable and a summary offence.offence.

10.10. If the school had no rules, what do you think would happen? If the school had no rules, what do you think would happen? What does that say about the importance of law to society?What does that say about the importance of law to society?

11.11. What is the legal age a person can be employed full-time?What is the legal age a person can be employed full-time?

Moral values Ethical valuesThe Law

MORALITY – what is “good”, both public and private morality

ETHICAL – what is “right”, not necessarily what is good

As influences on our society change so do our moral and ethical values.

CHANGING the LAWEffective laws are those that reflect the wishes of the

majority of society. • To change Statute Law, a new Bill must be passed by the

relevant parliament.• To change Common Law is much easier and this makes

many people critical of it. The process is affected by the court hierarchy. If a lower court judge makes a decision that creates a Common Law, the law can be changed by the decision of a judge of a higher court.

Accessing the LawAccessing the LawCOST:COST: Accessing the Law is very costlyAccessing the Law is very costly ie, in excess of $1000 a day in ie, in excess of $1000 a day in

courtcourt

The Government provides legal service to people – Legal AidThe Government provides legal service to people – Legal Aid The financially disadvantagedThe financially disadvantaged The disabledThe disabled Those from non-English speaking backgroundsThose from non-English speaking backgrounds Disadvantaged Aboriginal and Torres Strait IslandersDisadvantaged Aboriginal and Torres Strait Islanders

TIME:TIME:Cases may take a long time to be heard. The reliability of Cases may take a long time to be heard. The reliability of evidence is reduced and people are remanded unnecessarily evidence is reduced and people are remanded unnecessarily due to the backlog of claims to be hearddue to the backlog of claims to be heard..

PROCEDURES:Often lengthy, expensive and a highly complicated system combined with citizens poor legal knowledge often affect their willingness to take part. Migrants may have had to deal with a legal system that is highly corrupt, serving those with money and influence.

EuropeanEuropean / / English LawEnglish Law

CIVIL LAWCIVIL LAW – – the basis of most legal systems in the basis of most legal systems in Europe, it emphasis rights.Europe, it emphasis rights.

uses the written codeuses the written code known as inquisitorialknown as inquisitorial

COMMOM LAWCOMMOM LAW civil law (person 2 person)civil law (person 2 person) – – the basis the basis of English & Australian, it emphasis remedies.of English & Australian, it emphasis remedies.

uses the doctrine of precedentuses the doctrine of precedent known as accusatorialknown as accusatorial

THE END THE END at lastat last

Thank you for watching this presentation.Thank you for watching this presentation. If you have any queries about anything If you have any queries about anything

seen in the show please ask your assessor.seen in the show please ask your assessor.

NOTE:NOTE: This slideshow will be available This slideshow will be available

on the student network for on the student network for students to review at their own students to review at their own leisure.leisure.