Chapter 4.2 review:
Reasons for Laws
- Laws are expectations that everyone in society are expected to follow,
- Rules are put in place only for members within a community etc school/family
- Having too few laws would cause chaos within a society, and too many would create a highly
restrictive society.
- There are 4 main purposes of laws: Establishing Boundaries, Freedom, Protection and
Resolving Disputes
- Establishing Boundaries: Outlining which behaviours are and aren’t acceptable to avoid harm
to self and others.
- Freedom: Having laws which outline what people can do, etc. run a business, leave school.
- Protection: Having laws which determine what people can’t do etc. drunk drive, commit
murder
- Resolving Disputes: Legal systems (courts and police forces) and correctional facilities (jail +
juvies) are implemented when laws are broken.
Chapter 4.3 review – Long answer
Values, Morals and Ethics:
- Values: Fundamental beliefs that guide and motivate actions. They assist in judging what is
important.
- Morals: The current standards of behaviour that enable humans to live cooperatively in
groups. It is what we sanction as right and acceptable.
- Ethics: Set of moral principals that guide a person’s actions and behaviour. These are often
influenced by society, culture, and religion.
- A societies laws are often based upon the values and beliefs of that society. Etc. the law of
murder being illegal corresponds with the belief that human life is precious and worth
protecting.
- Morals often shape ideas of what is right and wrong.
- Different countries often have different laws. (Australia has a law-making bike helmets
mandatory & Singapore has a 2-year imprisonment/$100,000 fine for chewing gum.)
, Chapter 4.4 review
Courts have a hierarchy – Local, District, Supreme and High Court.
- Local Courts:
o 160 local courts in NSW, Bottom of the hierarchy.
o They are heard by magistrates (legal trained professionals) and then the magistrate
will decide the verdict (guilty or innocent).
o Can send offender to jail for up to two years per offence (max 5 years). Local courts
usually hear minor civil disputes (no amounts above $100,000)
o Will deal with minor criminal offences (summary offences) etc. drunk driving,
stealing.
o Committal hearings which decide if there is enough evidence for an indictable
offence to go to trial (etc. sexual assault case)
o Also hears bail applications, issues arrest, and search warrants and hears
applications for Apprehended Violence Orders (AVO’s)
- District Courts:
o Middle court of the legal system
o Located in Sydney and in larger regional facilities
o District Court of NSW, cases are heard by a judge
o Hears appeals from the local court
o Deals with civil cases ranging from $100,000 to $750,000
o Criminal jurisdiction deals with serious matters (armed robbery, manslaughter etc.
o Jury decides guilty or innocent.
o Judge will decide appropriate sentence if the person is found guilty.
- Supreme Court:
o Located in Sydney and Headed by the Chief of Justice
o Highest court in NSW
o Deal with civil cases involving more than $750,000 (most serious)
o Deal with very serious criminal matters (murder, treason, serious sexual assault)
o Deals with appeals from the 2 lower courts
o Overrules the 2 lower courts (binding)
- High Court of Australia:
o Located in Canberra and highest court of Aus.
o Deals with appeals from Supreme court and states and territories
o Main purpose is to interpret the constitution
o It is a federal court – meaning that the decisions made there are final for entire
country.
o Consists of 7 Justices – 2 Justices used for most cases and 7 for most serious cases
o No juries in high court.