PPT 1 - intro to law (Australian)

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Introduction to the law
Subtitle
Why do we need laws?

Understand the problems that result in a society with no laws.

Can explain why we need to balance the rights of individuals
and societies need for order.

Have considered the morality of your own decision making.

Explore attitude to crime and consequences –white collar crime
vs benefit crime.

Understand the term Rule of Law.

Understand the term Just and Equitable.

To understand the difference between a social, legal and
natural justice issue.
A society with no laws, group mentality

https://www.youtube.com/watch?v=eYhUytwoWOA
Seeking a balance between the rights of
individuals and societies need for order

Have you heard anyone say “its my land so I can do what I
like?” “Its my house I can do what I like?”

What if that was paining it glow in the dark yellow, is that
ok?

There has to be restrictions as an individual actions can
have an impact on others. Neighbours would be kept up at
night for example.
How does morality play are role in law
making?
1
What would you do in the following cases?
2
What factors do you think would influence your
behaviour?

Extra change is given to you by a shop assistant
Different people have different ideas about
what is moral and what is immoral
Different people have different ideas
about what is moral and what is immoral
1
What would you do in the following cases?
2
What factors do you think would influence your
behaviour?
you walk out of a coffee shop without paying your bill, because staff are in
the kitchen
Different people have different ideas
about what is moral and what is immoral
1
What would you do in the following cases?
2
What factors do you think would influence your
behaviour?

More money is given to you by the automatic teller machine than you
have withdrawn from your account
Which is more immoral, tax evasion or
benefit fraud?

Benefit fraud vs white collar fraud

http://www.stuff.co.nz/dominionpost/news/88924330/Benefit-fraud-v-tax-avoidance-whyis-one-dealt-with-more-harshly-by-courts
Task: Read the article and answer the questions that follow.
Keeping up with societies changing
morals

Society is changing all the time. There are many laws that made perfect
sense 100 years go but are beyond bizarre today.
QUIZ – which of these crimes are real offences still on statute books or
offences made up by me?

Society will put pressure on law makers (Govt) to take account of their
changing needs.

MPs can then suggest changes to the law as a private members bill. This
may be an issues that is important in the area for that MP in particular
or something close to their heart.

The government also has review committees who address
recommendations of bodies like the Law Commission.
Follow the link to read about the difference
between a rule and a law.
Note down the 10 key points mentioned in
the reading.

http://www.differencebetween.net/language/difference-between-rules-andlaws/
What is the Rule of Law and why is it so
important?

Watch the video from the Rule of Law Institute Australia
which explains the term the Rule of Law and answer the
questions on the accompanying worksheet.

https://www.youtube.com/watch?time_continue=241&v=
0Hubr8mZlIc
What are the characteristics of an
effective law?

There are 7 characteristics of an effective law. Write
these into your notes.
1. Known to the public
2. Acceptable in the community
3. Able to be enforced
4. Stable
5. Able to be changed
6. Applied consistently
7. Able to resolve disputes
Complete
the mix
and match
activity
and take
a photo to
insert into
your
notes.
Laws should be applied in a manner that
is “JUST AND EQUITABLE”

Justice of the individual case refers to justice objectively
and consistently evaluated and applied according to law
and established principles.

Equity comes from moulding the application to the
particular circumstances and consciences of individual
persons.

The phrase ‘just and equitable’ does not dispose of the
need for a cause of action.

It does not mean that a decision should be based on the
judge’s personal view of a fair outcome.
Case Fact File – Fill in the fact file for the
given case. This case evidences how the
principle of Just and Equitable can be
applied.

https://www.michaellynchfamilylawyers.com.au/noproperty-split-after-12-year-defacto-relationship/
Task: Look through the news papers and cut
out issues that are either social issues, legal
issues or natural justice issues.

Produce a display for the wall the distinguishes between social issues,
legal issues and natural justice issues.
Note: Natural justice is another way to say “the rule against bias and the right
to a fair hearing”. This involves the need to maintain public confidence in the
legal system. Issues such as name suppression, coroners inquiries etc.
Social issues are those that effect society as a whole. This could be in a
community, school or wider society such as a state or country. For example high
unemployment, lack of bus services etc.
Legal Issues are disputes or crimes that are based on written law.
Practical Application:
Complete activity 7.2 from the textbook on
pages 111-112 and question 3 from page 113.
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