Commerce Study Notes Year 9

1478 WordsDec 1, 20126 Pages
Commerce Law and Society Laws: * A rule that governs the way you live, with minimal standards. * Protects people and keeps peace. * Have freedoms, resolve disputes, protection. Anarchy: Without order. Mediation: a third person that ultimately decides, outside of court * * Registered person. * Two parties and mediator. * A compromise is made. * Mediations cheaper and voluntary. Matrimonial: property of marriage, everything is shared * * Matrimonial assets. * Court considers contributions of parties. * Child is child of marriage Government in Australia * Governments make laws to control us. They set up systems to enforce laws. * Governments set up courts to decide upon breaches of laws. Jury…show more content…
Civil law Civil law deals with no criminal matters. It allows an individual to sue other people Negligence Trespassing Defamation Nuisance Where a civil law is successfully proven in court, the wronged party will seek damages. The award of legal costs normally goes to the successful party that is either the plaintiff or defendant (but can be refused as these costs are discretionary – up to judge) Civil Law Test To prove their test they must win “the balance of probability” more likely/ no certainty of truth. Criminal Law Test “Beyond a reasonable doubt” approx. Equal to certainty (protects people from others who do the wrong thing). “Ignorance of the law is no excuse”. In criminal law you have a Prosecutor: In local courts usually police whereas in the higher courts prosecute is known as the Crown prosecutor. the Crown (R= Regina which means loyalty) v. Defendant In criminal matters the injured party is the State or the Crown. The offence is not against the person that has suffered at the hands of the alleged perpetrator but rather against the State (Crown). In criminal matters the victim cannot decide to punish the offender. This is for the Crown to make. Courtroom acts and definitions Indictable offences: Serious crimes that are determined or tried by a judge or jury. Summary offences: Less
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