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Year 9 NSW
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Law in the community
Topic : Law in the community
In this topic you will learn...
Chapter 1 :
Law, morality and ethics
Laws reflect the moral and ethical standards of society
Basically, morals deal with what is right and wrong. They are based on individual beliefs and values in society
Ethics is a way of thinking about how to act or make decisions in a way that is right or wrong
Ethical decisions are present at every level of society from a personal to a global level
Some people have criticised the legal system for not being conscious enough of its own basis in historical Western values
Chapter 2 :
Changing the law
Laws can be changed by both the legislature and the courts
Changes in legislation can come as a result of political developments such as a change of government, or changes in society which require new or different laws
Judges have less law making control than the government, because they can only decide on cases that come before them
The Australian Law Reform Commission is an effective agent for advising the government of changes to existing laws
Lobby groups and developments in international law also can bring about changes to the law and the legal system
Chapter 3 :
Access to justice
`Access to Justice` can refer to physical and geographical access as well as socio-political and cultural access
Courts must be accessible and safe for all members of society
People living in rural and regional areas are sometimes at a disadvantage in terms of the accessibility and affordability of the legal system
The processes of the courts and the legal system must be affordable and accessible to members of all cultural groups, including Aboriginals and people from non-English speaking backgrounds
The Australian legal system could be seen as biased against Indigenous people through subjecting them to a foreign legal system which does not take into account their cultural systems and customs
Chapter 4 :
Fairness in the legal process
The legal system ensures fairness through the presumptions and procedures of the court process
Fairness is also ensured by a special branch of law known as `Equity`.
Justice must not only be done, it must be seen by the public to be done
Judges and juries are required to be impartial and unbiased
Equity courts operate alongside common law courts. They supplement common law decisions with an extra element of fairness
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