law in action

Law in Action

Year 10 Commerce, Mr Shipp 2015

1. Contact with the Law

• Legal Capacity - The legal rights and responsibilities associated with a person’s age.

• While age brings rights, it also brings responsibilities, including legal responsibilities

• Age of Majority - 18 years of age. This is the age when a person is considered an adult

The Nature of Legal Capacity

Young People and the Law

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• Legislation to address anti-social behaviour in public

• Young people have become a focus of this law

Case Space - Move On Orders

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• Deemed incapable of forming the intent to commit a crime or tort, especially by reason of age (Under 10)

• Most crimes committed by young offenders will be heard in the Children’s Court (Summary Offences)

The Age of Criminal Responsibility

Rights of the

Accused

Rights of the Victim

Rights of the Wider

Community

Contact with the Criminal Law

• Mens Rea (Guilty Mind) - It is the legal principle that in criminal matters the prosecution must prove that the accused committed the crime with intention, recklessness or negligence.

• Actus Reus (Guilty Act) - It is the legal principle that in criminal matters the prosecution must prove that the accused committed the crime voluntarily.

The Elements of Crime

Explain the Mens Rea and the Actus Reus in this case?

• Strict Liability - prosecution must only prove actus reus and not mens rea. Examples are traffic offences, fare evasion, the sale of alcohol to someone under 18

• Causation - provides a means of connecting conduct with a resulting effect, typically an injury

• In NSW there are a range of punishments allowed to be given by the judge in sentencing

• Capital punishment no longer exists in Australian Law

• Ronald Ryan was the last person to be executed in 1967

Punishments for Crime

GONE

PRISON POPULATION INCREASE

SPELLING TIME

Subpoena

• Cases involving care and protection of children under 18

• Summary criminal offences when committed under 18

• Driving offences when the accused is not old enough to hold a drivers licence

• Breaches of parole, AVO applications, compulsory schooling orders

The Children’s Court

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• Deals with non-criminal matters involving disputes between individuals and organisations

• However, a single incident can be handled both through civil and criminal law

Contacts with the Civil Law

MOBILE PHONE ROAMING CHARGES

• The offer - one party offering something to the other party.

• The acceptance - The acceptance of the offer that has been made through negotiation

• The consideration - This is a legal principle that states that a contract should benefit all the parties involved. The purchaser will receive the car (the purchaser’s benefit) while the seller will receive money from the purchaser (the seller’s benefit).

The Elements of a Contract

Scenario Time - At the Computer Shop

• Many businesses are reluctant to lend money to young people due to their limited assets and the inability to work full time due to study.

• Most institutions will rely on a guarantor. This is someone who is a part of the contract that will repay the loan if the borrower is unable.

Thanks for the new car mum

and dad

• Negligence - the failure to exercise proper care, which could result in another person being injured or suffering a risk

Question Time

2. Rights and Responsibilities

Individual Rights and Responsibilities

Protection Provided by the Law

3. Resolving Disputes

Methods of Resolving Disputes

4. Current Issues