| The
Law is a body of rules: |
|
-
governs
relationships between citizens and property
-
governs
relationships between citizens themselves
-
a
set of rules and regulations to protect the public's personal
safety on a day to day basis
-
law
is a set of restrictions that guide the actions of people
to socially acceptable standards
-
law
is worthless if it is not enforced
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|
Law
is divided into:
|
| Criminal
law |
The
branch of law that defines crimes and provides for their punishment.
A crime is regarded as an offence committed against the public,
even though only one individual may have been wronged. A person
accused of a criminal offence is prosecuted by the state.
For the state to win the case the charge must be proven beyond
reasonable doubt.
If
the state's prosecution succeeds it will seek a punishment
of the offender which may be a FINE or a term of IMPRISONMENT.
Criminal
law is governed by statutes of parliament as is punishments
for crime.
|
|
|
| Civil
law |
Civil
law concerns TORT law and CONTRACT law. A tort is a civil
wrong committed against an individual. The individual who
is injured or who has suffered loss may pursue at his/her
discretion a remedy, which may be damages or an injunction.
In
a civil law court, the person who pursues a remedy (the person
who has been wronged) is called the plaintiff. The person
who is accused of having perpetrated the wrong is called the
defendant.
Damages
take the form of a monetary payment from the defendant to
the plaintiff.
An
injunction is a court order to do something (e.g. mend the
broken fence) or to stop doing something (e.g. stop the production
of book in which it is claimed tehre is a breach of copyright).
Unlike
a crime, the plaintiff's case need only be proven on the balance
of probabilities (i.e. that is easier than proving beyond
all reasonable doubt).
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|
|
| How
is law made? |
|
-
Parliaments
make laws called Statute Law. Criminal law is established
by statutes but also some civil law e.g. Associations
Incorporation Act.
-
Law
is also made by the decision of judges in law courts.
This is referred to as Common Law. Of particular importance
is Precedence - the grounds for deciding cases by looking
at previous decisions made by judges in similar cases.
-
Precedence
- previous decisions of courts
-
Common
law is continuously evolving and judges, when necessary,
may look to decisions made in law courts in other countries
of the world.
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|
|
| Use
of legal services |
| In
the recreation industry, managers, coaches, administrators and
other recreation industry workers need to have a basic understanding
of law, as the following legal issues are quite common: |
|
-
The
purchase of faulty equipment by a recreation organisation
may cause injury or badly affect the running of an event.
-
Coaches
and instructors must be very careful in the way they teach
others and this includes giving advice and dealing with
injuries
-
Organisers
of events must ensure venues are safe
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Players
or participants have a duty of care to one another and
this means playing within the rules of the game
-
Professional
players, i.e. those people who make a living wage out
of sport, may be affected by contracts of employment or
by circumstances that would restrict their ability to
earn a living through their chosen field.
-
Participants
in sport may be affected by breaches of natural justice
such as having a membership terminated without a proper
hearing
-
Participants
in sport may be affected by inappropriate or incorrect
procedures for testing for drugs that improve sporting
performance.
|
| Individuals
or groups finding themselves adversely or unfairly treated by
others will need to pursue a remedy in a court of law. |
|
|
| Internet
Links |
| http://law.gov.au
- The Law in Australia |
| http://scaleplus.law.gov.au |
| http://www.legislation.qld.gov.au |