Notes on Commerce and Law

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  • Topic: Credit rating, Crime, Loan
  • Pages : 14 (3348 words )
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  • Published : November 3, 2012
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Commerce Studys

Accused: To be charged with an alleged crime offence
 
Arbitration: A method of resolving disputes whereby a judge in court gives a decision  
Arrest: To detain a person suspected of having committed a crime  
Capital Punishment: An offender is put to death
 
Civil Law: Deals with non-criminal matters involving disputes between individuals and organisations  
Conciliation: A method of settling a dispute where a third party acts as an interventionist mediator  
Criminal Law: Law involving cases where the government has declared some action to be illegal  
Evidence: Information presented that helps the court reach a decision in a case  
Legal Aid: Free legal advice or representation
 
Mediation: When a third party helps those involved in a dispute to reach a solution acceptable to both sides  
Oath: A promise to tell the truth or something is true
 
Victim: A person who is injured or killed by another person
 
Witness: A person who gives evidence in court

Legal Capacity
When young people reach the age of eighteen, they become adults. They have legal capacity. (Legal power to make decisions affecting themselves) * Responsible for their actions
* Able to sign contracts and are held responsible for carrying out terms of contract * Can be held responsible for their crimes. Law recognises they are able to for “Mens Rea” (legal term for guilty mind)

Doli Incapax
Rate at which children mature varies considerable. Children learn difference between right and wrong at different ages. Legal doctrine doli incapax recognises the varying ages of maturity In Australia, juveniles 10 – 13yo inclusive considered doli incapax Doli Incapax (rebuttable legal presumption that child is incapable of crime under legislation/common law) In court, the prosecution is responsible for rebutting this and proving the accused juvenile was able at the time to adequately distinguish between right and wrong. Contested trial can only result in conviction is prosecution successfully rebuts presumption

More Legal Capacity
Child cannot be charged until 10yo
Under 10 not seen not mature enough to commit offences
10 – 14yo may be responsible
14+yo responsible for crimes committed
Children’s Court deals with offences committed by young people Under 16 and guilty, no conviction recorded unless serious
Conviction recorded, can be wiped after 3 years is no more trouble

Ages of Criminal Responsibility

Jurisdiction| No Criminal Responsibility| Presumption Against Criminal Responsibility| Treatment as Child/Juvenile| ACT| Under 10 years| 10 to less than 14| Under 18|
NSW| Under 10 years| 10 to less than 14| Under 18|
NT| Under 10 years| 10 to less than 14| Under 18|
QLD| Under 10 years| 10 to less than 14| Under 17|
SA| Under 10 years| 10 to less than 14| Under 18|
Tasmania| Under 10 years| 10 to less than 14| Under 18| VIC| Under 10 years| 10 to less than 14| Under 18|
WA| Under 10 years| 10 to less than 14| Under 18|

Elements of Criminal Responsibility
Mens Rea: Intention, foresight and planning that accompanies a criminal act, accused’s state of mind and level of intention to commit the physical act Actus Rea: Voluntary activity which forms the criminal activity. In order for a conviction, prosecution must establish all activity was voluntary, physical act of carrying out a crime Causation: Link between action and actual injury caused. Example: 2 people have intention to murder same man, same time. One man has bow and arrow, one has gun. If man dies from bullet wound, then no causation by person with bow and arrow, however, bow and arrow may be charged with attempted murder Injury to State: Established by examining statue law and common law. Both pieces of law dictate whether action is actually crime Accused: Person involved in a crime, blamed for committing crime Victim: Person involved in a crime, can be injured as result of the crime Witness:...
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