2Getting Started Ethics Definitions Using the internet find a definition for the following:Civil LawCodificationCommon lawConcurrent powersCriminal lawDuty of CareEthicsExclusive powerFamily lawReferendumResidual powersStatute law
3Classifying Laws Modern law can be classified into two main types: Public law – are laws that deal with the standard of behaviour that society expects from its government and people (and those who work within the government). This includes criminal law as well as laws that relate to how governments operate (constitutional and administrative law)Private law – are laws that deal with the way individuals interact with each other. This includes laws that regulate the behaviour of people towards each other and the behaviour of businesses. This law is commonly referred to as Civil law .
4Public Law : Criminal law Criminal law exists to protect the general public from harm. When a person breaks a criminal law they are considered to be harming all members of society. The police on behalf of the Crown (government) investigate the matter and bring the case against the accused.The prosecution presents the case to the court on behalf of the Crown. It is the prosecution’s role to prove beyond reasonable doubt that the accused person committed the offence. If this is proven then a punishment will be issued on behalf of all of society.
5Crime: Activities Activity 1. Crime Statistics Access the Bureau of Crime StatisticsOutline the trends in the statistics for murder, assault, motor vehicle theft, and break and enter into a dwelling.Are the trends similar to the perceptions of crime that seem to be held by most people in our society? Why might this be the case?What are the crime ‘hotspots’ for break and enter into a dwelling, assault and motor vehicle theft?
6Crime: Activities Activity 2 Complete the worksheet on “Six types of Crime”
7Six Main Types of Criminal Activity Crime against personsCrimes against propertyWhite collar crimesCrimes against the statePublic order offencesTraffic offences
8Crime against personsThese are crimes involving injury caused to another person. Such crimes include:Homicide – the intentional killing of another personManslaughter – the accidental killing of another person or killing another with a justifiable reason; e.g.. Self defence.Assault – causing or threatening to cause injury to another person
9Crimes against property These are crimes that result in property being stolen or damaged. Offences in this category include:Larceny – removing another person’s property without that person’s consent.Break and enter – a person illegally entering a building to commit an offenceRobbery – using violence or the threat of violence to take another person’s property.
10White collar crimeThese crimes are usually committed by professional people and are not associated with violence or damage to property. Typical white-collar crimes are tax evasion and computer hacking.
11Crimes against the state (Country) These include:Sedition – encouraging a hatred of the stateTreason – a more serious offence than sedition, it is where a person or organisation actively tries to bring about the collapse of a government or assists the enemies of a country.
12Public order offencesThese are crimes that disrupt the activities of our society. They include a wide variety of offences, such as swearing in public, and being drunk and disorderly.
13Traffic offencesThese are the most widely committed offences in our society. They involve crimes such as driving without a seat belt and running a red light. Most of these crimes are dealt with at the scene with on the spot fines. More serious offences are dealt with by the courts e.g. Drink driving offences.
14Your rights when arrested Crime: Activity 3Your rights when arrestedThe law society of NSW fast facts site atReview the above siteOutline your rights when arrested
15Public Law: Constitutional and Administrative law Constitutions are rules that set out what the government can and cannot do! The Australian constitution was ratified in 1901 and can only be modified by a referendum.The Australian constitution does not list the rights of citizens (except the right to movement) instead most of our rights comes from common and statute laws.The constitution outlines the powers of the Commonwealth and state governments.
16Commonwealth parliament The Division of powerCommonwealth parliamentExclusive powersDivision of powerConcurrent powersState parliamentResidual powers
17Constitution cont…..The constitution also details how power is to be divided between the three branches of the Commonwealth Government.
18Residual powersAt the time of Australia’s Federation in 1901, the state parliaments held considerable powers , which they were reluctant to give up. Therefore, the constitution grants many powers to the states, particularly in the areas of health, law and order, education and the environment. These powers are known as residual powers.
19The Separation of power The executiveThe LegislatureThe judiciaryPrime Minister and CabinetCommonwealth ParliamentThe High Court of Australia
20Exclusive powersThe powers that were transferred from the states to the Commonwealth Government are referred to as exclusive powers. The most important of these powers are known as external powers. These are powers that enable the Commonwealth to deal with other nations. External powers include customs and quarantine laws, foreign relations with other nations , defence and , most importantly, the right to enter into international agreements with other nations, such as the United Nations Convention on Rights of the Child.
21Concurrent powersSome powers are shared between the states and Commonwealth parliaments. These are known as concurrent powers.When a conflict arises between the powers of the states and the Commonwealth, the Commonwealth’s rights take precedence; that is, they will be considered the most important. An example of a concurrent power is law enforcement of drug offences. State and federal forces both deal with drug trafficking.
22Important aspect of the Constitution One of the most important aspects of our constitution is that it aims to ensure that no one person or group can take control of Australia. Therefore, the constitution separates powers between the three most important groups in the ruling of Australia: the executive, the legislature and the judiciary. By splitting the power between these groups, each group can act as a check and balance on the other groups.
23Administrative lawsAdministrative laws deal with the rules regulating the powers of government agencies and department. When the government creates a department it is done so through the making of a statute law. The law will outline the role and powers of the department.
24Private or Civil lawCivil law governs the legal relations between individuals and organisations. Civil law matters are launched by individuals or organisations who feel that they have been wronged by the actions of other individuals or organisations.There is no criminal activity involved nor are the police involved in civil cases.In a civil law matter, the person or organisation bringing the case is referred to as the plaintiff. They have the responsibility of proving that the defendant (the person or organisation they are accusing) has wronged them is some way.
25The Three main areas of Civil law Contract lawProperty lawTort lawActivity 4Complete work sheet on Civil law
26Contract lawA contract is a legally binding agreement between two parties. The majority of civil law cases involves contracts: that is, the plaintiff claims that the defendant has not held up their part of the contract.
27Property law Property is anything that can be brought or sold. Laws govern the way goods are to be purchased and the way people or organisations must behave in their property dealing with others.
28Tort lawTorts are civil wrongs. They involve the actions of people that cause discomfort to others. Civil law exists to help people receive compensation if they have been inconvenienced by the actions of another person.
29The Four types of Torts Negligence – a lack of duty of care Nuisance – when a person interferes with another person’s rightsDefamation – when one person’s reputation is damaged by the actions of anotherTrespass – when property is interfered with
30Case Study 1: The Snail in the bottle Go to the above web site and answer the following questionsWhy did May sue the ginger beer manufacturer?What do you think the term ‘buyer beware’ mean?How did May’s case change the law of negligence?
31Case Study 2: The Carbolic smoke ball case Go to the web the BBC Business site below:On the right side of the screen is a list of cases, click on the Carbolic smoke ball case and answer the following questionsWrite a brief outline of the case.Identify the legal reason why the company did not believe it had entered a contract with Mrs CarlillWhat legal precident did the case introduce ?
32Family LawIs the body of laws that regulates marriage and divorce, the relationship of parents with their children, and other family issues, such as adoption. Family is one area of law that has been greatly influenced by the moral and ethical values of society. For this reason it is constantly changing. As the attitudes and values of society change so does the law. In Australia, most family law is a federal issue and is dealt with, by the Family Court of Australia. This court is staffed by specially staffed judges and deals solely with family law. De facto relationships are dealt with under state law.
33Activity 5Research one of the following and present your findings to the class as a radio (podcast) broardcast (interview).Explain the role of the Family court in AustraliaorExplain how the law in relation to divorce has changed