Commerce Study Notes Year 9

Commerce Law and Society Laws: * A rule that governs the way you live, with minimal standards. * Protects people and keeps peace. * Have freedoms, resolve disputes, protection. Anarchy: Without order. Mediation: a third person that ultimately decides, outside of court * * Registered person. * Two parties and mediator. * A compromise is made. * Mediations cheaper and voluntary. Matrimonial: property of marriage, everything is shared * * Matrimonial assets. * Court considers contributions of parties. * Child is child of marriage Government in Australia Governments make laws to control us. They set up systems to enforce laws. * Governments set up courts to decide upon breaches of laws. Jury decides whether the person is guilty or not, the judge decides the punishment Democracy: Demo=People, Cracy=State * People elected by the people under a free voting system. All have equal rights. * Provides laws and order, controls economic problems, and protects people / environment. Types of Govern ments * Communism: No private ownership. Government owns everything and provides the needs/ wants of the people. E. G. China, North Korea. Monarchy: The Monarch (king, queen, emperor, empress, sultan) E. G. Kuwait, Saudi Arabia. * Constitutional Monarchy: Powers of the monarch reduced by laws. Governor General represents the Monarch. E. G. Australia operates as a democracy. * Anarchy: Government has broken down. No laws or authority. * Socialism: Ownership of all production (farms and factories) controlled by the people. Government puts responsibility on people. E. G. Sweden * Federation: Involves Federal, State and local governments. Federal Government Issues * Customs * Currency * Defence Immigration/ emigration. * Aboriginal affairs. * Foreign affairs * Social security (makes people feel more secure) * Marriage/ divorce. The Australian Federal government is based on a bicameral system. * * Upper house – Senate76 people * Lower house – house of Reps 150 people State Government * * Each state divided into electorates * 93 electorates in NSW for lower house (legislative assembly- green room). * 43 electorates for upper house. * Voters elect a representative. * Each electorate contains 40,000 to 50,000 people.Jurisdiction * Each state in USA and Aus have legal jurisdiction. (authority in law) * Unity and centrality- POWER * Freedom of speech, same rights (equality), justice. 3 Areas of Power Legislation – parliamentary law – voting politician Executive – carries out law – police Judiciary – courts and judges – statue and case law Judiciary 1st level: Local Court (judge and magistrate) minor matters e. g. shop lifting 2nd District Court (judge)fairly serious matters e. g. armed robbery 3rd level: Supreme Court (Judge/ justices) serious criminal matters e. g. ife in-jailment 4th High Court (Judge) looks at paperwork, no evidence Federal Courts – deal with federal law * Federal magistrates court of Aus tralia * Federal court of Australia e. g. Family Courts Facts * Australian constitution sets out Federal powers. * Federal law prevails over state law. * Trade practices act: Federal * Bankruptcy Hierarchy of Courts in Australia – state courts * High court of Australia (up to 7 judges) * Federal court * Supreme court of appeal * Supreme court * District court * Local court Court Administration 1. Registry: Handles the paperwork of the court.Charges fees. 2. Registrar: Boss of the registry. What impact do fees have on justice? Fees restrict people’s access to the courts causing injustice and can be seen as discrimination. It also reduces the demand on the court system. It also deters frivolous or silly cases. Contracts * A contract is a legally enforceable agreement between parties, outlining the obligations. * Oral/ verbal contract: mouth (spoken). * Signed contract: written (signed by parties). * Most contracts are oral but are signed when involving large sums of mone y. Elements of a contract . Offer: A proposal where the person making an offer must clearly communicate. 2. Acceptance: Occurs when the person making an offer agrees to the proposal. 3. Consideration: Required to form a valid contract. Requires each party to give up something of value. * Implied term: nothing in writing but a code of conduct is established. Cases * PS of Great Britain v BBC Ltd (1953): Customers offer can be refused. (the check out accepts offers) * C v CSB Co. (1893): Misleading advertising can be a contract. (offer at large) * Chappel & Co. V Nestle Co.Ltd (1960): Even with no value something can be passed from one party to another forming a contract. (caveat emptor – buyer beware) The difference between Private law and Public law Private law (civil): laws that regulate people’s behaviour with other individuals. (non-criminal matters e. g. suing for civil wrongs) Public law (criminal): People’s behaviour within society. (criminal law, protects people from other people – e. g. robbery, homicide , drug offences) Courts * Juries are normally involved in serious matters. * For minor matters you only have a local court magistrate.The adversail system: two sides go against each other in an argument or a fight to argue their case. List the main courtroom officials * The judge (your worship) * The judge assistant * The lawyers * The transcript reporter * The jury (6-12 in criminal case) * The barrister * The magistrate (your honour) Robbery: taking property that belongs to someone else using threats/ violence. Civil law Civil law deals with no criminal matters. It allows an individual to sue other people Negligence Trespassing Defamation Nuisance Where a civil law is successfully proven in court, the wronged party will seek damages.The award of legal costs normally goes to the successful party that is either the plaintiff or defendant (but can be refused as these costs are discretionary – up to judge) Civil Law Tes t To prove their test they must win â€Å"the balance of probability† more likely/ no certainty of truth. Criminal Law Test â€Å"Beyond a reasonable doubt† approx. Equal to certainty (protects people from others who do the wrong thing). â€Å"Ignorance of the law is no excuse†. In criminal law you have a Prosecutor: In local courts usually police whereas in the higher courts prosecute is known as the Crown prosecutor. the Crown (R= Regina which means loyalty) v.Defendant In criminal matters the injured party is the State or the Crown. The offence is not against the person that has suffered at the hands of the alleged perpetrator but rather against the State (Crown). In criminal matters the victim cannot decide to punish the offender. This is for the Crown to make. Courtroom acts and definitions Indictable offences: Serious crimes that are determined or tried by a judge or jury. Summary offences: Less serious crimes which are relatively quickly dealt with by a m agistrate in a local court. Manresa: To have a guilty mind. If you are insane you cannot have mensrea.Quasi: Semi criminal. In between civil and criminal. Injunction: Order of the court to stop doing something. E. g. Stop playing loud music. Contempt of Court: Disregarding or breathing an injunction or court order. Statute Law: Law made by parliament. Restitution: paying for damage caused by contempt of court Case/ common law: Law made by judges. How laws are made Statute Law: made by parliament through the passing of a bill or a referendum. Common/ case law: Law is made by the courts of previous cases. 2 houses of parliament (legislative) 1st Lower house (house of reps) 2nd Upper house (senate)If a bill is continuously rejected than a double dissolution can be called meaning the public go to the polls to re-elect senators and representatives in the lower house. A courts primary role is to interpret and apply the laws of the parliament. Common law: A judge can alter common law as it has arisen through the judges in England and then Australia. Alters law when necessary to allow justice. What binds the Common Law Precedent in law means those principles that have been decided in the past that a court can rely on today. Higher courts make a precedent. How a bill becomes law The cabinet draft bills with senior ministers. cabinet is the prime minister) Bill is given to each member of parliament, then it gets read out loud for debate and voted in House of Reps. If majority in favour bill is passed to senate. If passed in senate it goes to executive (governor general) for Royal assent (Is now an ACT of Parliament). If senate rejects bill they send it back as is or with amendments. If rejected for a second time a double dissolution can be called. Common law Develops over time case by case. Each case represents a precedent. Precedent A strong example, defies what has happened before through principles of law. Judges RoleInterpret statute, common law, delegated legislati on (ministerial law), and to enforce laws. Equality: Enforcement of the law should be fair and should result in equal punishments or penalties. A judge cannot lean on the scale (meant to be impartial). Our system is adversarial system (each party represented by a lawyer). Justice: All people are equal before the law. Symbols of justice The blindfold: Justice is impartial (not influenced by wealth, race, sex, ect†¦ ). The scales: Represent the legal system (weighing up both sides of argument). The sword: The punishment to be imposed on any guilty party.