Law and Society - Term 1

Review Questions 1

1) What are laws?

Answer:​ T​ he law is a set of legal rules that the government and the courts have made for
everyone to follow.

2) How are laws of the land different from school and sports rules?
Answer: You have to obey rules at school, within your family or on the sporting field. These
rules are non-legal rules and are imposed by schools, families, sporting associations or clubs.
They apply only to people directly involved and do not attract serious penalties if broken.
Society also has a set of rules called​ ​laws (a set of legal rules), which everyone in the
community is expected to obey. The difference between a rule and a law is that the police
and the courts can enforce laws.

3) What can happen to a person who breaks the laws?

Answer: Laws, therefore, are legal rules. This means that a person can be taken to court and
penalised if he or she breaks the laws.

4)What is meant by the term ‘anarchy’?

Answer: Anarchy is a disorder or confusion due to the absence of government or laws.

5) Why does society need laws?

Answer: Imagine what could happen if there were no laws and people could do whatever
they liked. Confusion and chaos would occur. In extreme cases of conflict, a state of anarchy
would develop. The person with the most strength would start to dominate, and the weak
and helpless would suffer. However, when people obey the law, a sense of order is created,
resulting in a society where people can live peacefully.

6) List the law’s four main roles

Answer: The law has four main roles:
1. Establish boundaries of acceptable behaviour and determine which actions will not
be tolerated.
2. Protection from the actions of others as well as our own behaviour.
3. Freedom to do many things by telling society what people can do.
4. Resolving disputes in order to stop people taking the law into their own hands.
7) Provide three examples the law says you:
a) cannot do, and
b) can do
Answer:
● Cannot do - Drink alcohol if under the age of 18 years
- Cannot steal from another person
- Cannot murder or hurt someone
● Can do - Can go anywhere without being discriminated
- Can drink if above the age of 18 years
- Can go for an education

8) Imagine you have been elected ruler of Australia. What three laws would
you introduce to make sure people live in harmony? Explain why you would
choose these laws.
Answer: My three laws would be:
● Everyone has the right to speak their mind
● No form of racism or discrimination is allowed
● No fighting amongst others
I would choose these laws because they would provide the people living in Australia a fair
life and a life that is considered equal.

9) Obtain a copy of your school rules. In your group answer the following
questions:
a) Do you think your school rules are laws? Why?
Answer: No, I do not think that my school rules are laws due to the fact that these rules are
created to keep student safe and help them build their character in a school learning
community which they can use once they go into the outside world. These rules are here to
keep students in check and make sure they are not misbehaving.

b) Who makes these rules?

Answer: There are many people who make these rules. These people are the Principal of the
school, the Vice Principal, some teachers and even the students have the power to create
some rules in the school.

c) What happens if someone breaks the rules?

Answer: If someone were to break the the rules, there are punishments in place to give out
to those who break the rules. Some of these punishments include: demerits, Wednesday
detention and staying back at recess or lunch.
 ​ ) Are there too many or too few rules?
d
Answer: Currently there are too many rules. Some of the rules are not required such as the
one where students have to give their diaries to their parents for them to sign.This rule is
not required as it is not exactly a rule, but more like a responsibilities being put on the
student.

e​ ) What rules would you like to get rid off? Why?

Answer: The rules that come in mind to get rid of is the one involved with chew gum and the
signing of the diary. Sure it is necessary to stop students from chewing gum but I feel that
paying $55 for the act is unreasonable. The signing of the diary, and as I have said before is
just adding more responsibilities to the student.

f) What rules should be introduced? Why?

Answer: If the teacher have to ask a student to stop talking three times in a lesson, the
student will be given a Wednesday detention. This is because I have seen that teacher have
to work so hard just to get a class in control and I feel that a teacher should not have to that.
This is why I feel that this rule should be introduced.

10) Is it acceptable to break the law sometimes? Justify your answer and give a
supporting example.
Answer: Yes, it ok to break the law sometimes, but this is only if you or someone close to
you is in danger. For example, if you are being assaulted, then it is ok to break the law to
protect yourself or someone you love.

Review Questions 2

1) Where do Australia’s laws come from?

Answer: Our present laws are British laws brought out by the first settlers from Britain.
However, laws already existed in Australia prior to this, developed by the Aborigines and
suited to Aboriginal culture. Most of our laws were from Magna Carta.

​2) Why did the British colonists not understand the traditional Aboriginal
system of law?
Answer: Incorrectly, the early white colonists thought that Aboriginal society had no law
because there were no written rules, parliaments, courts, police and prisons.
3) Traditional law had no written record.
a) How did the Aboriginals know what their laws were?
Answer: A group of elders who knew the customs administered this law and could punish
offenders.

b) How was a ‘trial’ of an accused person conducted?

Answer: When a law was broken, the person who had committed the offence (the accused)
would meet in public with the person who had been affected by the conduct (the victim).
Members of the tribe would witness the meeting.

c) What types of punishments were used?

Answer: Once a penalty was decided, the tribe would carry out the punishment.
Punishments ranged from being banished from the tribe to death.

4) What is meant by the terms:

a) Kinship
Answer: Kinship is the rules that outline the correct way of living in everyday situations such
as the sharing of food, marriage, education and trade.

​ ) Military Law
b
Answer: Military law is the set of rules applicable to people in the armed forces.

5) What impact did Captain Cook’s arrival have on the Aboriginal customary
law?
Answer: Captain Cook’s arrival made a huge impact in the Aboriginal law. They completely
changed the laws which in turn changed the way Aboriginals lived their lives.

​6) Why do you think Governor Phillips used the military law rather than the
the general law of England?
Answer: I think he used military law rather than the general law of England to give men who
joined the armed forces special rights to take over the land in which the Aboriginals lived in.

7)
- Soldiers have the right to shoot to kill people if their lives are in danger.
- If convicts did not follow the laws of England, they are to be arrested
- First people to write their laws down would have the right to own the land of the
Aboriginals
Review Question 3

1) In the past, dispute were often resolved with the belief that ‘might is right’.
a) What is meant by this expression?
Answer: This means that the strongest person would settle his/her disputes with only their
strength.
b) Why is this system of resolving dispute unfair for most people?
Answer: In this situation, most people would be powerless.
c) What advantages are there for individuals and society in having a
comprehensive legal system?
Answer: Disputes can be solved more easily with both sides having a fair trial in court. On
top of that people would not get hurt because of the ‘might is right’ system.

2) Explain the role of police in our society?

Answer: Police enforce the laws. They also prevent and investigate crime, protect life and
property, and maintain peace and order. They assist in prosecution of suspected offenders.

3) What do you think would happen to our society if the police went on strike?
Answer: I think our society would become out of control with people doing whatever they
want.

4) Vigilantes, private citizens who take on the role of guardian of society, take
enforcement into their own hands. Explain why it is better that the police and
courts, rather that individuals, resolve disputes?
Answer: If the police resolve disputes, people won’t get hurt, and also that way the justice
handed down is legal.

5) Why should offenders be given the opportunity of rehabilitation?

Answer: They should be given the opportunity of rehabilitation, so that way they can correct
the mistake they made to get themselves in prison and get on with their lives, because every
person deserves a second chance.

6)
Answer: The legal system in India is different to that of Australia. There are many
differences such as the enforcing of the law is not that forceful. They cannot also introduce
the same laws of Australia due to the massive population which they have to take care of.
One example of this is bike helmets. I Australia, it is compulsory to wear bike helmets while
riding a bike, but in India, even though they have the same law, many don’t follow it and it is
hard for the police to enforce the law because of the massive population over there
compared to the population of Australia.

Local Courts
● Local court is at the bottom hierarchy
● Local court deal with small cases
● There are 160 local courts in NSW
● There is no jury in local court
● A magistrate listens to case and the evidence and makes a decision
● They have great experience dealing with small cases such as if someone sues another
for something

District Court
● District court is in the middle to the hierarchy
● Cases are heard by judges and they hand out punishment if the evidence proves it
● They are referred to as ‘Your Honour’
● They cannot hear cases which have long offences

Supreme Court
● In this court they hear criminal trials
● Accused is taken to court to be handed down judgement
● Highest court in NSW
● They deal with appeals from the two lower courts
● The judgements of the Supreme Court are compulsory on all lower courts

High court of Australia

● Located in Canberra
● Because it is the highest court in Australia, its decisions are final
● The High Court has seven judges, although no jury is used in High Court decisions
● They deal with sorts cases coming from the lower courts
● They balance the power given to each of the courts in each state in Australia

Review Questions 4

1) Explain the difference between a judge and a magistrate.

Answer: Judges are​ ​court officials who has the power to make decisions on matters brought
before a court of law. Magistrate​ ​is a court official who hears cases in the lowest court of
law.
2) In a table indicate the following differences between the district and
supreme court.

District Court Supreme Court

Location Located in each district e.g Located in each state and

Blacktown & Parramatta territory of Australia

Civil Case claim amounts $ $100,001 - $750,000 $750,001 and above

Types of criminal cases The District Court Refers to cases taken from
District Court.
determines cases that have
been committed (referred)
from the Local Court or
Children's Court. Cases are
committed to the District
Court for trial or for
sentence.

Appeals to Supreme Court High Court

3) Describe the role of the High Court in Australia.

Answer: The High Court deals with appeals from the state or territory Supreme Courts. It
also hears cases concerning the interpretation of the Australian Constitution.

4)
a) High Court
b) High Court
c) Local Court
d) Supreme Court
e) District Court
f) Supreme Court
g) Supreme Court
5)
The concept of court etiquette is that people who are in court either listening or presenting
a case must follow the code of behaviour whilst in the courtroom. It is important for them
to follow it because then only will there be order in the court and the judge can make the
right decision while listening to everything the person has to say and make a rightful
decision.

Review Questions 5

1)​ ​List the main courtroom officials

Answer:
● Judge
● Members of public
● Members of media
● Sheriff officers
● Jury
● Accused
● Prison officer
● Defendent
● Prosecutor
● Witness
● Tipstaff

2)
In a criminal case there are 12 jurors while in a civil case there is only 6 jurors.

3)
The council of defence represents the accused. If the accused pleads guilty the council of
defence tries to lesson the punishment and if the accused pleads not guilty the council of
defence of defence tries to prove their client innocent.

4)
The judge can only ask questions to clarify a point

5)
The juries responsibility in a criminal case is to listen to the evidence and come to a decision
to see if the defendant is guilty or not guilty.

6)
 a) The defendant tries to defend themselves form an accusation (if not true) while the
plaintiff tries to prove the defendant guilty.
b) A prosecutor tries to help their client to find the defendant, guilty. While the council
of defence tries to defend their client from the accusation.

7)
The adversarial system is a bit like the game tug of war because there are two sides trying to
pull the other onto their side along with the judge.

Common Law and Statute Law

What is the difference of common law and statute law?

Answer: ​Statute Law​ is laws made by parliaments (eg One Punch Laws 2014). These have
the highest status and must be obeyed by ALL people.
Common law​ is a system of laws based on previous decisions of judges, or precedents.
These are also known as 'Acts of Parliament'. A precedent is a previous legal decision that
serves as a rule or pattern in future cases [eg Donoghue vs Stevenson (1932)].

How did common law begin?

Answer: A common law occurs when there is no existing law that regulates it. Consequently,
it is up to the judge to make a decision. A record of these decisions will be placed in books
called Law Reports so that they can be referred to when needed. These decisions are known
as legal precedents (a previous legal decision that serves as a rule or pattern in future
cases).

What is the purpose of the law reports?

Answer: The purpose of the law reports to keep a record for past common laws and these
laws can be viewed by judges in the future.

What is meant by the term ‘precedent’? How does precedent help the legal
system achieve fairness and justice?
Answer: Precedents is a previous legal decision that serves as a rule or pattern in future
cases.

Explain how courts use statutory interpretation to create new laws

Answer: Parliament is often referred to as the supreme law-making authority because it can
virtually make laws on whatever it likes, change laws when it wants to and pass an Act to
overcome the effects of precedent.

Provide 2 examples of precedents that are used in your classroom or family.

What is the advantage of having precedents? What is the advantage of having
such precedents?
Answer: In my class, if someone does the wrong thing the teacher will handle and if another
student does the same thing them the teacher will know how to handle it. If an older sibling
does something wrong, the parents will know how to handle it and if the younger sibling
does the same thing, the parents will know how to handle it better. The advantage is that
the whoever makes the decisions will know how to handle the case next time.

In your group, read the information about Dr. Grant and then answer the
following questions:
a) Which case was used as a precedent?
Answer: The case that was used as a precedent was the one involving Donoghue V and her
cordial case.

b) Explain how the precedent case helped Dr Grant in winning case

Answer: The precedent helped Dr Grant in winning his case as the case was very similar to
that of his and thus he won the case because of the decision that was made in the
precedent case.

c) Why might the court decision in Dr Grant’s case be similar to that of

Donoghue V? Afterall they were about different things.
Answer: It is similar due to the fact that they both suffered because of the company not
doing something right. In Dr Grant’s case if was the chemical residue, while in Donoghue it
would be the snails making her very ill.

Question - Learning Module - Laws, Ethics and Change

Describe the relationship between ethics and law

Answer: ​Ethical values and legal principles are usually closely related, but ethical obligations
typically exceed legal duties.
Review Questions 6

1. Using examples, explain why it is difficult to create a set of laws to reflect

everyone’s values.
Answer: It is going to be difficult to create a set of laws to reflect everyone’s values due to
the fact that everyone has a different values. For example, if a person like to talk in class
while another doesn’t, then it is not possible to create laws to suit both people. This is
where ethics come in and these ethics will make the decision on which side to pick to create
laws on.

2. ​Examine the drawings showing the Christian and Muslims sets of rules.

a) Identify and list and any of these laws you think might be found in
Australia today.
b) List any laws they have in common.
Some of the laws used in Australia today are:
- You shall not murder
- You shall not steal
- You shall not bear false witness
The only law they have in common is that they both believe there is only one God.

List three laws that you would like the government to introduce in order to
deal with:
a) under-age binge drinking
Answer: - If a child is travelling with an intoxicated adult, police have the right to breath test
the child
- Fines apply to under age binge drinking
- Illegal for adults to supply alcohol to minors
b) violent computer games
Answer: - Are not to imitate violence in game unless in defence force
- Under 12 not allowed to play
- Adults are to supply violent games to children under 12

4. What impact did the British law have upon traditional Aboriginal law?
Answer: British laws have impacted Aboriginal laws in a negative way. It threw their way of
life and put them in a worse position in society.

5. Outline what you believe to be the most ethical way to behave in the
following situation. A friend gives you the answers to the next Commerce test.
He took them from the teacher’s desk. Would you accept such information?
Why?
I would not accept the answers as it would be cheating. The reason I would not accept these
answers is that if we got caught the penalty and consequences would be severe.

CASE STUDY- LOCKOUT LAWS

1. What are the benefits if the proposed new law for:
1. The Crown Hotel
Answer: The benefits of this law is that it allows the company to earn more money due to
the fact that they are open for more hours during night which people could go and get
alcohol.

2. Employees of The Crown Hotel

Answer: They get paid more in the wages because they are working more hours

3. Society
Answer: The services of nightlife is still available for society

2. What are the disadvantages of the proposed new law for:

1. The Crown Hotel
Answer: It means that people are more prone to alcohol fuelled violence

2. Employees of The Crown Hotel

Answer: They have to deal with brawls which can sometimes lead to legal cases appearing
before the court.
 3. Society
Answer: It will earn that society will be affected by the fights that happened because of the
alcohol fuelled violence. People outside of the hotel are also likely to get hurt during the
fight.

Review Questions 7

Describe one basic right of all people in a democracy.

Answer: Individuals, either alone or as members of an organised group, have the right to
pressure for change.
? Expalin why tis
List the change to the law that the diggers at the Eureka Stockade gained.
Answer: During the 1840s, only males who were 21 years old and over, and who owned or
rented property, were allowed to vote in the elections in the Australian colonies. The
pressure for change finally came to a head at dawn on 3 December 1854 at the Eureka
Stockade, situated on the Ballarat goldfields. The Eureka battle and the political reforms
demanded by the miners eventually led to the principle of ​one person one vote​, voting by
secret ballot and voting rights for all men aged 21 and over.

b)
It was used as a protest against authority.

What new law did suffragist want introduced?

Answer: The new law that suffragists want introduced was voting rights for woman.

Which court brought down the Mabou Decision. Explain why this is an
important landmark decision.
Answer: In 1992, in what has become known as the ‘​Mabo decision​’, the High Court
overruled the ​terra nullius​ notion. The idea of ​terra nullius​ was a declaration in the
nineteenth century by the British Parliament that Australia was not inhabited by anybody
who could claim to have ownership of the land. The ‘Mabo decision’ meant that Aborigines
could lay claim to Crown land where it could be proven that continued occupation and use
had occurred. This new form of land ownership is known as ‘native title’.

What motivated the Australian government to introduce the cybercrime

legislation?
Answer: In recent years, cybercrime has become a constant threat. With most Australian
homes being linked to the internet, there are more opportunities for cybercriminals to steal
identities, money and confidential information from unsuspecting individuals. In response to
growing community concern about this type of criminal behaviour, the federal government
developed a new set of laws to fight internet offences such as computer hacking, child
pornography and copyright infringement.