Law and Society
* 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 Governments
* 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
* 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
* 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.
* 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
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. life in-jailment 4th High Court (Judge) looks at paperwork, no evidence
Federal Courts – deal with federal law
* Federal magistrates court of Australia
* Federal court of Australia e.g. Family Courts
* Australian constitution sets out Federal powers.
* Federal law prevails over state law.
* Trade practices act: Federal
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
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...