commerce law terms

a set of enforceable rules that provide guidelines for society

establish boundaries, protection, freedom, resolve disputes

the ability for a person to do certain things under the law

a latin term meaning 'incapable of wrong'; the presumption that children under a certain age cannot be held legally responsible for their actions, therefore cannot be guilty of an offence

not enough rules, and a lack of law enforcement and government which results in a state of chaos and disorder. violence and looting occur and no control over citizens. E.g. 2005 Cronulla Riots

too many laws, the rule of a single leader with unlimited power. E.g. Hitler in Nazi Germany

laws brought by British settlers, laws from Indigenous Australias prior to settlement

a complex set of rules that outlined the correct and/or appropriate way of living

a system of values and culture, unable to be separated from the land

lowest level, one magistrate and no jury. summary offences, cases up to $100,000, committal hearings.

Same level as the local court. cases that investigate causes of unexplained/suspicious deaths, and deaths caused by fire.

Same level as the local court. summary and indictable offences for under the age of 18 except murder.

Intermediate court. Judge and jury (judge decides sentence, jury decides verdict). Summary and indictable offences, appeals from Local Court

Highest Court in NSW. cases over $750,000, hears appeals from District Court

Highest Court in Australia. Hears cases about interpreting the constitution and laws. Judges are called justices, no jury

Resolves family matters such as divorce, custody cases and the division of property upon separation

Helps drug offenders in being free of their substance abuse and gaining employment

the power of a court to hear appeals from lower court cases if the original jurisdiction is not accepted

listens to arguments, decides sentece

Anyone on the electoral roll, decides the verdict of the case

from the prison where the accused is held, for supervision

the person who is on trial for a cime

observes proceedings and reports it

convinces the jury that the accused is guilty

represents the accused, argues to prove their client is innocent or to lessen the sentence

gives evidence to support an argument or for extra information

Law made by judges when there is no existing law or previous decision on the case. Binding on future cases

The expectation that everyone is treated the same to achieve fairness and justice

promote consistency and fairness in decision making

how courts and judges interpret the words in law made by Parliament. Once the judge interprets it, it is law and must be followed by lower courts.

the established modern law of negligence and the principle of duty of care

Law made by Parliament, involves parliament passing a bill, succeeds over common law

a document that outlines the parliament's powers

provides a framework for government and law, outlines the power of each court

an act or omission against that community that is punishable by the state

a major crime tried by a judge and jury in District or Supreme Court. e.g. murder, armed robbery

a minor crime that is tried by a magistrate in Local Court. e.g. speeding, low-range drink driving

a latin term meaning 'guilty act'. must prove the act occurred and was committed voluntarily by the accused

a latin term meaning 'guilty mind'. must prove intent, recklessness and/or criminal negligence

on the prosecution, proof beyond reasonable doubt

on the prosecution, prove with evidence that the accused committed the crime

the offender is on good behaviour, or they forfeit a sum of money and tried for the original and any new offences

uphold the law and promote a safe and orderly society

to work with the community to reduce crime and violence and improve public safety.