Explain the difference between a legal and non-legal rule A legal rule is a rule created by the government of Australia and applies to the entire population, while a non-legal rule is created by an individual or organization and only applies to a specific group. 2. Rules are applied in each of the circumstances listed below. Sort them into legal and non-legal Legal rules Non-legal rules Having to wait until you are 18 years old before you can vote at a federal election Wearing school uniform to school Having to wait until you are 16 years old before applying for a learners permit.
Paying your membership fees before being allowed to play in the finals for the local football team Not being permitted to smoke at school Wearing a hairnet when working in the deli at the supermarket 1. 2 1 . Are the following statements true or false? (a) Laws establish acceptable codes of conduct. True (b) Crimes affect the wider community as well as the victim and the offender. True (c) The community expects to be kept safe from harm. True (d) The community expects that those who break the law will be punished.
True (e) Some laws are made to protect those who cannot protect themselves. True (f) Societies with a small population can operate smoothly without the need for laws. False (g) It is human nature that some people in the community will break the law. True (h) Laws always reflect the values of the community. False 2. Outline the main reasons why we have laws within our society. To keep an orderly society where people can live and work without fear of being disrupted, attacked or killed. Criminal Law 1. What is criminal law?
A system of law concerned with the punishment of offenders 2. Who enforces criminal law? The police 3. What is the purpose of criminal law? So we can punish those who break the awe fairly and uphold justice without oppressing the innocent. 4. What are the possible outcomes of criminal law? Arrest, imprisonment, being set free, and in some countries even execution 5. What is a summary offence? An offence that is tried by a judge alone, without the right to a jury. 6. What is an indictable offence? An indictable offence is an offence that requires a trial by both a judge and jury.
Civil Law 1 . What is civil law? The system of law concerned with the relations between members Of a community rather than criminal, military or religious affairs. 2. What is the purpose of civil law? To restore someone as far as is possible to the position they were in prior to their legal rights being breached. 3. Describe 3 types of civil law offences. Civil penalties Injunctions Environmental audits Police Powers 1 . Are you required to give your name and address to police in the following situations? A.
You are driving your car at the correct speed and have not been drinking: Yes b. The police believe you have just robbed a bank: Yes c. You are walking down the street and police stop you and ask for your name and address. You are not under suspicion of committing a crime and there is o apparent reason for this police inquiry, such as being named in a court order under terrorism laws: No 2. What is a citizen’s arrest? An arrest by an ordinary person without a warrant, allowable in certain cases. 3. Answer the following situations a.
The police visit your home and question you about items you stole, do you need to go with them? Yes. B. The police think someone wants to kill you, do you need to go to the station with them? Yes. C. The police arrest you, do you need to go with them? Yes d. The Police are requesting you come with them to take a breathalyses test Yes 4. How long can the Police detain you for questioning? For however long they believe is a reasonable time depending on the situation. ‘ 5. 2 1. Define the following terms: Indictable/summary offence: An offence that is tried by a judge alone.
Original jurisdiction: The ability for a court to hear a case for the first time. Appellate jurisdiction: To hear cases appealed from a lower court. For each of the following courts, describe it, what its criminal/civil jurisdiction is, and define its Appellate jurisdiction if it has one. Court Type Description Jurisdiction Appellate Jurisdiction Magistrates Court At the bottom of the court hierarchy, but hears the majority of cases. Summary offences, indictable offences heard summarily and committal hearings.
As well as bail applications and the issuing of warrants. None Children’s Court A specialist Victorian court on the same bottom level as the Magistrates Court. Cases involving children. None Coroners Court A specialist Victorian court on the same level as the Magistrates Court at the bottom Of the court hierarchy. Presided over by a coroner. Does not have a criminal jurisdiction, instead has jurisdiction to conduct coronal inquests and investigate and report findings on the case of unexpected or suspicious deaths and cause of fires.
None County Court The intermediate court between the Magistrates and Supreme courts. Indictable offences (except murder, treason and certain murder related offences). Magistrates Court Supreme Court The highest court in the Victorian court hierarchy with a judge presiding. Divided into 2 divisions, the Trial division which hears and determines all matters in the original jurisdiction; and the Court of Appeal, which is the appeals division of the Supreme Court. Murder, attempted murder, treason.