Law and Society Revision

A magistrate and a judge have different roles within the judicial system. A magistrate typically handles cases in lower courts, such as local or district courts, and has the authority to make decisions and rulings on legal matters. On the other hand, judges preside over higher courts, such as appellate or supreme courts, and have the power to interpret the law and make final judgments on cases. Therefore, the correct answer explains that the primary difference lies in the level of court they preside over, with magistrates handling local court matters and judges overseeing higher courts.

Laws and rules differ in their scope and applicability. Laws are universally applicable and binding on all individuals within a society at all times. They are enacted by the government and carry legal consequences if violated. On the other hand, rules are specific guidelines or regulations that apply to certain individuals or groups in particular situations or contexts. They are often established by organizations, institutions, or communities to maintain order and ensure fairness. Unlike laws, rules may not have legal consequences but are still expected to be followed.

The role of the Legal Aid Commission is to provide legal assistance to individuals who are unable to afford a lawyer. This means that the commission helps individuals who do not have the financial means to hire a lawyer by offering them legal support and representation. The commission aims to ensure that everyone has access to justice, regardless of their financial situation.

Criminal law is considered a public law because it deals with offenses that are seen as harmful to society as a whole. When individuals break criminal laws, they are not just harming individuals, but also posing a threat to the well-being and safety of the entire community. The purpose of criminal law is to maintain order, protect the public, and deter criminal behavior. Therefore, it is classified as a public law rather than a private law that focuses on disputes between individuals.

Statute laws are indeed made by parliament. Statute laws are laws that are formally written and enacted by a legislative body, usually a parliament. These laws are binding and have the force of law in a particular jurisdiction. Parliament, as the highest legislative authority in many countries, has the power to create, amend, and repeal statute laws. Therefore, it is correct to say that statute laws are made by parliament.

Civil law is considered private law because it governs the relationships and interactions between individuals and organizations. It focuses on resolving disputes and enforcing rights and obligations in areas such as contracts, property, torts, and family law. Public law, on the other hand, deals with the relationship between individuals and the government, including constitutional, administrative, and criminal law.

The correct answer is Local Court, District Court, Supreme Court. This is the correct order of the NSW Courts from lowest to highest. The Local Court is the lowest court, followed by the District Court, and then the Supreme Court.

Common laws are made by judges because common law is a legal system where the law is developed through judicial decisions rather than through legislative statutes. Judges interpret and apply the law based on previous court decisions, known as precedents, which create a body of common law. This allows judges to adapt the law to changing social and cultural circumstances. Therefore, common laws are indeed made by judges.

The Australian Constitution separates powers between the three most important groups ruling in Australia, the Executive which refers to the Prime Minister and Cabinet, the legislature which refers to the Parliament, and the Judiciary represented by the High Court of Australia.