Legal Studies!!

Legal System Legal system is a system that ensures laws are made and abided by We need a legal system to: – Ensure social cohesion and set boundaries – Protect rights – Provide a code of acceptable behavior – Resolve disputes – Meet changing values

Rules…legal or NOT to be legal… Rules tell people what they and cannot do In our society we have both legal and non- legal rules Who makes law? – Parliament-State and Federal – The Courts-interpret the laws made by parliament -apply law made by parliament, or follow “Precedent” or set new Precedent

The Need for Laws Establish a code of conduct – Eg- the drink driving rules reflect society’s attitude that placing other road users at risk due to intoxication is unacceptable

Protect the community from harm Offenders will be prosecuted if they put property or people at risk There are even laws to ensure that we protect ourselves-eg- cyclists must wear helmets

Laws reflect changing values and circumstances

Resolution of disputes

Characteristics of an effective law The law must be known and understood The law must reflect values and be acceptable The law must be able to adapt to change The law must be stable and consistent The law must be enforceable

Criminal Law: is the area of law concerned with criminal behavior which is against the law and is harmful to society and therefore requires the imposition of a penalty. When someone is murdered or assaulted or a bank is robbed, the community is affected because our freedom to live safely diminishes

Police are involved in criminal cases, find a suspect, and put a case together Parties involved: – Defendant – Prosecutor – They must prove beyond reasonable doubt that the accused is guilty, and if they are found guilty, they will receive a sanction

Civil law: is an area of law covering the infringement of a person’s rights  The aim is to restore the affected person to their original position or to compensate for their loss  Negligence, defamation, trespass, nuisance and contracts

Parties in a civil dispute: plaintiff and defendant Standard of proof: Balance of Probabilities The plaintiff must show that the defendant was most probably in the wrong The judge or jury can look at contributory factors