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LEGAL STUDIES1&2 > LEGAL STUDIES EXAM REVISION > Flashcards

LEGAL STUDIES EXAM REVISION Flashcards

1
Q

SOCIAL COHESION?

A

sense of belonging and working together as a society

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2
Q

THE ROLE OF INDIVIDUALS ON ACHIEVEING SOCIAL COHESION?

A

individuals have the responsibility to know the laws that apply in their state and country and abide by these

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3
Q

THE ROLE OF LAWS ON ACHIEVING A SOCIAL COHESION?

A

the purpose of a law is ensure all people live together in social cohesion.
- establish rights and responisibilities
- establish ways to resolve disputes
- establish codes and behaviours

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4
Q

WHAT ARE THE 3 PRINCIPLE OF JUSTICE

A

FAIRNESS, ACCESS AND EQUALITY

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5
Q

WHAT IS FAIRNESS AND GIVE ME AN EXAMPLE?

A

all people can participate in justice system and its processes should be impartial and open. e.g. the right to legal representation.

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6
Q

WHAT IS EQUALITY AND GIVE ME AN EXAMPLE

A

all people should be treated the same regardless of race and other personal attributes. e.g. availability of a translator

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7
Q

WHAT IS ACCESS AND GIVE ME AN EXAMPLE

A

all people should be able to use procedure methods that are apart of the legal system.
e.g. right to legal aid (lawyers, legal advisors)

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8
Q

CHARACTERISTICS OF AN EFECTIVE LAW?
C.A.K.E.S

A

C: CLEAR AND UNDERSTANDABLE
A: ACCEPTED BY SOCIETY
K: KNOWN
E: ENFORCABLE
S: STABLE

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9
Q

CLEAR AND UNDERSTOOD:

A

all laws must be written clear and understandable to all members of the community

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10
Q

ACCEPTABLE IN SOCIETY:

A

for a law to be effective it must believe what majority of the community believe

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11
Q

STABLE:

A
  • must be stable
    (if laws change to much people will get confused)
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12
Q

KNOWN:

A
  • laws have to be known to be able to followed by society
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13
Q

ENFORCEABLE:

A

laws must be possible to monitor and give consequences when broken

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14
Q

ROLES OF THE PARLIAMENT?

A
  • represent people
  • debate issues
  • form governments
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15
Q

ROLES OF COURT IN LAW MAKING?

A

interpret and apply relevant law to facts of a case

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16
Q

WHAT ARE THE 2 SOURCES OF LAW?

A

common law and statute law

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17
Q

STATUTE LAW?

A

a law made from parliament in which in the lower house commends the process whereas first reading, second reading and third reading. In upper house, follows the sme process as lower and passed to senate in which the bill will go to governor general for royal assent and become a law.

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18
Q

COMMON LAW?

A

a law developed through the decisions of judges in court.

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19
Q

DOCTRINE OF PRECEDENT>

A

means that all cases will be treated the same (in same hierachy)

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20
Q

THE VIC COURT HIERACHY

A

Magistrate court, County court, Supreme (trial division), Supreme (court of appeal) and high court of aus

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21
Q

WHY DO WE NEED THE VIC HIERACHY COURT?

A

assigns different jurisdictions for each courts

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22
Q

TYPES OF LAW?

A

criminal law and civil law

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23
Q

CRIMINAL LAW?

A

applies to the community as a whole in which the prosecution of an individual who has broken the law.

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24
Q

CIVIL LAW

A

disputes between two members of the community (can be individual or organisation)

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25
Q

PURPOSE OF CRIMINAL LAW

A

Aims to protect society by establishing set codes of behaviors.

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26
Q

DETERRENCE OF CRIME:

A

Discouraging an offender from offending or re-offending a crime.

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27
Q

PRESUMPTION OF INNOCENCE

A

rights of all accused people are presumed innocent until it is proven, that they are guilty

28
Q

WHAT ARE THE 2 ELEMENTS OF A CRIME?

A

mens rea and actus reas

29
Q

WHAT IS MENS REA?

A

guilty mind(mental element)

30
Q

WHAT IS ACTUS REAS?

A

guilty act(physical element)

31
Q

STRICT LIABILITY:

A

Strict liability do not require mens rea element of a crime of an offender to be FOUND guilty.

32
Q

THE AGE FOR CRIMINAL RESPONSIBILITY:

A

UNDER 10 YEARS OLD: CANNOT BE CHARGED WITH CRIME
10-13: CAN BE CHARGED IF PROSECUTION PROVES
14+ CAN BE CHARGED

33
Q

BURDEN OF PROOF:

A

also known as onus proof, is the person who has the responsibility of proving a case (prosecution to bring the evidence into the case to prove the accused guilty)

34
Q

STANDARD OF PROOF:

A

The weight or strength or evidence that must be brought.

35
Q

TYPES OF CRIME?

A

crime against person
crime against property

36
Q

SUMMARY OFFENCES +examples

A

Minor crimes (less serious) heard in the magistrates courts
- Theft
- Speeding
- Overdue fines

37
Q

INDICTABLE OFFENCES +examples

A

Serious crimes heard in County or Supreme court (usually heard by judge and jury).
- Murder
- Serious uses of drugs
- Treason

38
Q

WHO ARE THE POSSIBLE PARTCIPANTS IN A CRIME?

A
  • accessory
  • principal offender
39
Q

ACCESSORY

A

A person who knows or believes that a person is guilty of a serious indictable offence and acts to prevent the arrest, prosecution or conviction of the offender.
(An accessory can be found guilty even if the principal isn’t)

40
Q

PRINCIPAL OFFENDERS

A

The individual who actually commits the offence, or directly involved in the offence
(COMMITS THE ACTUS REAS)

41
Q

Elements of the crime of murder are?
(For a person accused of murder to be found guilty of the crime, the prosecution in the case must prove each of the following)

A
  • the killing must be unlawful
  • victim is a human-being
  • accused must be over age of discretion
  • the accused caused the death of the victim
  • the accused was a person of sound mind
  • no malice aforethought
42
Q

Defences for murder?

A
  • self defence
  • mental impairment
  • accident
    -duress
43
Q

Possible sanctions for murder?

A

Life imprisonment or 25 years of imprisonment (manslaughter)

44
Q

IMPACT OF INDIVIDUALS DUE TO MURDER?

A

Family and friends feel unsafe and upset
- victims family may suffer if victim were the main source of money
- people who use to engage with accused may suffer through depression or PTSD

45
Q

IMPACT ON SOCIETY DUE TO MURDER?

A

distrust in others and confidence in police and legal system to protect us

46
Q

Elements of graffiti?

A
  • The accused marked publicly visible graffiti
  • The accused marked the graffiti without the owner’s permission
47
Q

Defences for graffiti

A
  • the accused had the owners permission
  • the graffiti can be removed with a cloth
  • the graffiti was not visible in a public place
48
Q

Sanctions for graffiti

A

Penalties range from on-the-spot fines to imprisonment.

49
Q

Impact on society on graffiti?

A
  • make places feel unsafe
  • can make people feel uncomfortable
  • cost of removal
50
Q

Impact on communitity on graffiti?

A

OFFENDER: Guilt or shame

VICTIMS: Cost of removing graffiti `

51
Q

institutions that enforce criminal law are?

A
  • delegated bodies
  • the police
52
Q

DEFINE DELEGATED BODY?

A

SPECIALISED GOVERNMENT AGENCIES THAT HAVE GIVEN ATHORITY FROM THE PARLIAMENT TO ENFORCE AND MAKE LAWS (in which the constitution allows parliament to pass the law to another law making body).

53
Q

ROLES OF DELEGATED BODY? +examples

A

To investigate, prosecute and enforce laws in their specific area.
- local councils
- Vic roads

54
Q

ROLE OF POLICE?

A
  • prevention
  • investigation
  • prosecution
55
Q

ROLE OF A COURT IN A CRIMINAL CASE?

A

Determine a case: make decision on guilt or innocence

56
Q

ROLE OF A JURY

A
  • for indictable offences (in original jurisdiction of a county or supreme court
  • determine verdict
  • when an accused is pleads ‘not guilty’
57
Q

COMPOSITION OF A JURY

A

consists of 12 people and must be over 18 (eligible for voting in victoria).

58
Q

STRENGTHS OF A JURY

A
  • impartial and independent
  • reflects on community values
59
Q

WEAKNESSES OF A JURY

A
  • may have biases
  • use of juries can create delays and create more stress on the accused and victims of the crime
60
Q

DIFFICULTIES EXPERIENCES BY FIRST NATION PEOPLE?

A
  • language barrier
  • cultural traditions
61
Q

PURPOSE FOR CRIMINAL SANCTIONS?

A

The purpose allows the victim and their family to seek retribution (pay back) for the offence being committed.

62
Q

TYPES OF SANCTION:

A
  • fines
  • community correction orders
  • imprisonment
63
Q

FACTORS CONSIDERED IN SENTENCING?

A
  • aggravating
  • mitigating
64
Q

HOW ARE AGGRAVATING FACTORS USED IN SENTENCING?

A

conditions or components that make a criminal act more serious.

65
Q

HOW ARE MITIGATING FACTORS USED IN SENTENCING

A

decreases severity of sentencing.

66
Q

ALTERNATIVE APPROACHES TO SENTENCING:
THE DRUG COURT:

A

A post-sentence program focusing on the rehabilitation and treatment of offenders with a drug and/or alcohol dependency.

67
Q

SENTENCING PRACTICES IN NT?

A

TYPES OF SANCTIONS: Imprisonment, fines
SPECIALISED SANCTIONS: youth justice courts.w

LEGAL STUDIES1&2 (13 decks)

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