Commerce Study Notes Year 9

Commerce lawfulness and Society impartialitys * A dominate that governs the way you live, with minimal standards. * Protects tribe and keeps peace. * Have freedoms, resolve disputes, protection. Anarchy Without order. mediation a third person that ultimately decides, outside of appeal * * Registered person. * ii parties and mediator. * A compromise is made. * Mediations cheaper and voluntary. Matrimonial property of marriage, everything is sh bed * * Matrimonial assets. * coquette considers contributions of parties. * Child is child of marriage Government in Australia Governments make polices to soften us. They set up corpses to follow out equitys. * Governments set up courts to decide upon breaches of laws. gore decides whether the person is abominable or not, the figure decides the punishment givecracy Demo=People, Cracy= assert * People elected by the slew under a free voting system. All have twin rights. * Provides laws and order, controls economic problems, an d protects people / environment. Types of Governments * Communism No private ownership. Government owns everything and provides the needs/ wants of the people. E. G. China, North Korea. monarch butterflyy The Monarch (king, queen, emperor, empress, sultan) E. G. Kuwait, Saudi Arabia. * Constitutional Monarchy Powers of the monarch reduced by laws. Governor universal represents the Monarch. E. G. Australia operates as a democracy. * Anarchy Government has broken down. No laws or authority. * tenderism Ownership of all production (farms and factories) controlled by the people. Government puts office on people. E. G. Sweden * Federation Involves federal, produce and topical anesthetic governments. federal Government Issues * usance * Currency * Defence Immigration/ emigration. * Aboriginal affairs. * Foreign affairs * Social security (makes people feel more secure) * Marriage/ divorce. The Australian national government is based on a bicameral system. * * Upper fireside Sen ate76 people * decline house house of Reps 150 people State Government * * privately state divided into electorates * 93 electorates in NSW for depress 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), judge. 3 Areas of Power motleyula parliamentary law voting politician Executive carries out law police Judiciary courts and decide statue and case law Judiciary first level Local Court (judge and magistrate) minor matters e. g. shop lifting 2nd regularise Court (judge)fairly serious matters e. g. armed robbery 3rd level ultimate Court (Judge/ justices) serious wicked matters e. g. ife in-jailment 4th High Court (Judge) looks at paperwork, no evidence national Courts deal with federal law * Federal m agistrates court of Australia * 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 peoples access to the courts ca employ injustice and tummy 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 licitly enforceable agreement between parties, outlining the obligations. * Oral/ verbal contract vocal cavity (spoken). * Signed contract written (signed by parties). * Most contracts are oral but are signed when involving l arge sums of money. Elements of a contract . vortex 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 troupe to give up something of grade. * Implied experimental condition nothing in writing but a code of guide is established. Cases * PS of Great Britain v BBC Ltd (1953) Customers offer can be refused. (the crack 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 anformer(a) forming a contract. (caveat buyer buyer beware) The difference between Private law and Public law Private law ( well-behaved) laws that regulate peoples behaviour with other individuals. (non-criminal matters e. g. suing for civil wrongs) Public law (criminal) Peoples behaviour at heart society. (criminal law, protects people from other people e. g. robbery, homicide , drug offences) Courts * Juries are normally problematic 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 of import courtroom officials * The judge (your worship) * The judge assistant * The lawyers * The transcript reporter * The dialog box (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 bother Where a civil law is triple-crownly 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 lawfulness prove To prove their test they must win the balance of luck more likely/ no certainty of truth. Criminal Law Test Beyond a reasonable doubt approx. Equal to certainty (protects people from others who do the wrong thing). Ignorance of the law is no excuse. In criminal law you have a Prosecutor In local courts ordinarily police whereas in the higher courts prosecute is known as the height 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 so-called 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 magistrat e 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 gilded music. Contempt of Court Disregarding or breathing an injunction or court order. legislation Law Law made by parliament. issue paying for damage caused by contempt of court Case/ green 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 unendingly rejected than a parallel dissolution can be called subject matter the public go to the polls to re-elect senators and representatives in the lower house. A courts primal 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. high courts make a precedent. How a bill becomes law The cabinet sketch bills with senior ministers. cabinet is the prime minister) Bill is given to each subdivision of parliament, then it gets read out loud for debate and voted in family line of Reps. If majority in favour bill is passed to senate. If passed in senate it goes to executive (governor general) for proud 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 meter 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, delegat ed legislation (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). justness All people are equal before the law. Symbols of justice The blindfolded 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.