CHAPTER 1 : LAW IN SOCIETY

Area of Study 1

Differences between legal and non-legal rules

Rules tell us what we can and cannot do

Classification Law-makers Enforcement

Non-legal rules Made by private individuals or groups, e.g. parents, schools

Cannot be enforced through the courts

Legal rules Made by law-making bodies with the force of law, e.g. parliament, local councils

Can be enforced through the courts

The Need for Laws

Main aims of the law: Protect society Keep society functioning Protect individual rights Stop behaviours that affect the good order of society Provide guidelines of acceptable behaviour and

prevent conflict

Known to the Public Acceptable to the community

If a new law is not communicated to the public it cannot be followed

Major law changes are often reported in the media

Speed laws change along the roads, signs inform the public

If the law is not acceptable people may disregard it

If a law is no longer acceptable to the community it needs to be changed

Characteristics of an effective law

Able to be enforced Stable

If people break the law they must be able to be caught and bought to justice

If not people will not follow the law

If the law is constantly changing no-one would know what the law was and there would be chaos

Characteristics continued…

Able to be changed

A law needs to be able to change with changes in community values

Laws need to change to keep up with changes in technology

Learning Activity 1.3, Question 7

Online Investigation for homework

Characteristics continued…

Different Types of Laws

a) Criminal and Civil lawb) Way laws are made

Laws made by parliament – acts of parliament Laws made by sub-ordinate authorities – e.g. local

councils Laws made by courts

Criminal Law

Aims: To apprehend, prosecute and punish people who have

broken the law To deter others from breaking the law

Examples of Criminal Law Words commonly used

Crimes against: -person (e.g. murder, assault, rape) -property (e.g. theft, vandalism, fraud) -morality (e.g. prostitution, drug use) -the legal system (e.g. perjury, contempt of court) -the state (e.g. treason)

-prosecution, the Crown, the state (party bringing the case on behalf of the state)-accused, the offender (the person who has been charged with an offence)-suspect (person who is suspected of a crime)-guilty/not guilty-charge-sentence-conviction

Civil Law

Civil law involves a dispute between two parties

The aim of civil law is to return the person whose rights have been infringed back to their original positionExamples of Civil Law Words commonly used

-tort law (e.g. negligence, nuisance)-family law (e.g. marriage, adoption, divorce)-industrial and workplace laws (e.g. OHS, workplace agreements)-consumer law (e.g. advertising law, tenancy agreements)-property law (e.g. wills, real estate purchases)

-plaintiff-defendant-sue-compensation-damages-civil wrong-defamation-negligence

Criminal or civil?

When deciding if a case is civil or criminal, you should look at: The consequences The intention of the case (Does the case seek a civil

remedy such as compensation? Or does it seek to punish the offender?)

Learning Activity 1.4 Questions 2-3

Law-making in Australia

3 Levels of law-making bodies: Commonwealth Parliament – makes laws for the entire

country in a range of areas State and territory parliaments – laws given in the

constitution for each state to make separately Local councils – address minor issues in their area

within the state

Role and characteristics of parliament

Modelled on the British Westminster systemRelies on the government of the day having

the support of the majority of the members of the lower house of parliament to govern

Role of parliament is to pass laws for the good government of the country or state

Commonwealth and Victorian Parliaments are bicameral which means two separate houses.

Basic Structure of Parliament

Commonwealth Parliament

Victorian Parliament

Queen’s representative

Governor-general Governor

Upper House Senate Legislative Council

Lower House House of Representatives

Legislative Assembly

Government: Members of the political party that holds the majority of seats/members in the LOWER house. They propose bills, but the whole of parliament has to pass them.

Opposition: Next largest political party in the lower house. They question the government about policy matters.

Prime Minister or Premier

Cabinet

The leader of the winning political party becomes the head of government

Prime Minister at the federal level, Premier at the state level

Head of government selects a cabinet made up of senior ministers

Cabinet is the policy-making body of government

It proposes new policies and directions

It decides what proposed laws will be presented to parliament for debate

House of Representatives (Lower House)

Senate (Upper House)

role is to represent the people, introduce and pass proposed laws (bills) and for the government

those elected hold seat for three years

150 members

76 senators elected altogether (12 per state, 2 for territories)

election for half senate seats every 3 years, elected for 6 years

role to introduce and pass bills, to review bills passed by the House of Reps

Commonwealth Parliament

Legislative Assembly (Lower House)

Legislative Council (Upper House)

Role is to introduce and pass bills and to form government for state

those elected hold seats for 4 years

88 members

40 membersreview bills passed

by the Legislative Assembly, can reject of amend bills

hold seats for four years

Victorian Parliament

Influencing Changes in the Law

parliaments are elected by the people and should therefore make laws that reflect the needs of the people

law must change when the need arisesfor people to succeed in influencing a law, it

is important that the media backs the change

Law-making Through Parliament

Government decides what changes in the law to initiate

a bill (proposed law) is drawn up and presented to parliament

Copy Diagram of a bills journey though parliament from page 27

Law-making by Subordinate Authorities

Parliaments do not have the time or expertise to pass all the laws necessary for running the country

they delegate some of their law-making power to subordinate authorities

The are experts in their field and are more accessible to members of the public

Enabling Act: gives the subordinate authority power to make laws, outlines guidelines for law-making

Examples of Subordinate Authorities

Statutory Authorities: bodies that are created by an act of parliament (e.g. Environment Protection Agency, Australia Post)

Government Departments: government decides on general policies to be administered by government departments such as the Department of Human Services

Executive Council: made up of state governor and relevant ministers, make many regulations on behalf of statutory authorities and government departments

Local Councils: make local laws for their area. Each area has different needs and local councils are more aware of the needs of people in their area

Learning Activity Revision Questions

Learning Activity 1.3 questions 1, 2, 3, 4Learning Activity 1.6 questions 1, 4, 5, 6, 7Learning Activity 1.7 questions 1 – 4Learning Activity 1.8 questions 1-3Learning Activity 1.9 questions 3-5Learning Activity 1.10 questions 1-4Practice Exam Questions 1-4