Law
The law is there to prevent anarchy; it does this through three main roles:
1. Freedom: The law provides freedom by telling people what they can do (what they are “free” to do).
2. Protection: The law protects people from the actions of others as well as their own behaviours by creating rules about what people cannot do and thus the law helps to provide safety for society.
3. Resolving disputes: The law resolves disputes by providing services such as the police force, the court system and correctional services, and therefore stops individuals in society from taking matters into their own hands.
Age one can commit an offense: 10 you cannot, 10-12 it is assumed that you cannot (doli incapax)
Court hierarchy
The Local Court:
• The local court has no jury. Instead a magistrate hears the case and decides the verdict and sets any punishments
• Deals with minor disputes for claims up to $40,000. It hears minor criminal cases such as drink driving and assault charges
• Local court also includes the coroners court and children's court
The District Court:
• Cases are heard by judges
• Deals with more serious civil claims of up to $750,000 and serious criminal matters such as armed robbery and rape
• It hears appeals from the local court- appellate jurisdiction
The Supreme Court:
• Is the highest court in NSW. It deals with most serious civil cases involving large sums of money
• Deals with murder
The High Court:
• Deals with appeals from the state or territory Supreme Courts
Basic Roles in a Courtroom
• Plaintiff - The plaintiff is the person who initiates the case in a non-criminal matter.
• Accused, defendant or respondent- the person against whom a case is brought.
• Magistrate or judge - the person who decides the verdict of the case, whether the case has to go on to another court or be declared mistrial. They should be addressed as ‘Your Honour’.
• Prosecutor - the person who appears in court to present the case against