Notes on Commerce and Law
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
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