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Legal Studies > Unit 1 Exam > Flashcards

Unit 1 Exam Flashcards

1
Q

Legal Rules

A

Laws that apply to all individuals in society

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2
Q

Non Legal Rules

A

Laws that apply to a specific group or individuals

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3
Q

Criminal Law

A

An offence against the community and state, that is punishable by law

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4
Q

Burden of Proof

A

In criminal cases is with the prosecution and with the plaintiff in civil cases. It is who must prove the case

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5
Q

Standard Of Proof

A

In criminal beyond reasonable doubt and civil cases on the balance of probabilities

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6
Q

Original Jurisdiction

A

Cases a court can hear for the first time

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7
Q

Men rea

A

A guilty mind

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8
Q

Actus reus

A

A guilty act

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9
Q

Presumption of innocence

A

Innocent until proven guilty in a court of law

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10
Q

Age of Criminal Responsibilty

A

10, They need to know the difference between right and wrong. Mens Rea must be proven

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11
Q

Stages Of Royal Assent

A

Governor Or Governor general giving consent to a bill on behalf of the queen.

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12
Q

Bicameral

A

The 2 house system. The lower house and Upper house

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13
Q

2 Police Powers

A

Name and address

Random Breathe test

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14
Q

Stages Of Proclamation

A

The act will be entered or proclaimed into the government gazette

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15
Q

Structure Of Victorian Parliament

A

Lower House- Legislative Assembly
Upper House- legislative Council
Queens Representative- Governor

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16
Q

Cabinet

A

made up of senior government ministers and the Prime Minister or Premier and the law making policy of parliament.

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17
Q

Two Characteristic of an effective law

A

Enforcement – If a law is not enforced with appropriate sanctions it will fail to operate effectively
Public awareness – the public must be fully aware of laws that affect them. The public must also understand and accept the law.

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18
Q

Role of Lower house

A

Determine government
Controls Government spending
Makes law
Provide for representative and responsible government

19
Q

Role of Upper House

A

Review legislation from the lower house
Gives equal representation to states/people within a state
Makes law
Provide for representative and responsible government

20
Q

Crimes against a person

A

Is when one person or group of people inflict on another person or group
Murder
Manslaughter

21
Q

Crimes against Property

A

Is Taking of property or denying another person of their property.
Theft
burglary

22
Q

Summary offence

A

These offences are not as serious as indictable offences, those charged have no right to trial by judge or jury.
Heard in Magistrates court
Traffic offenders & Assaults

23
Q

Indictable Offence Heard Summarily

A

Some indictable offences can be heard summarily in the magistrates court. Theft under 100,000 and minor assualts

24
Q

Indictable Offences

A

Serious offences heard and determined by judge and jury in the county court or supreme court.
Murder & Rape

25
Q

Appeal & 3 grounds for a criminal trial

A

An application by the party to a legal case to have a matter reheard in a higher court
All parties to a dispute have the right to appeal. Appeals must be based on
— Appeals against conviction
— Appeals against sentence – leniency or harshness
— On a point of law

26
Q

Difference between Government Parliament

A

Parliament is all those elected and government is formed by the party that has a majority in the lower house.

27
Q

2 Individual rights

A

Right to silence

Lawyer

28
Q

3 Roles of A Jury

A

To listen to the evidence presented in a criminal case
To decide if the accused is guilty or not guilty
Acquit the accused if ordered by a judge

29
Q

Manslaughter

A

Unlawful killing of another person without malice aforethought

30
Q

Murder

A

The killing of another human being with malice aforethought

31
Q

Jurisdiction of a Supreme court

A

Most serious indictable offences such as murder

a jury of 12 empanelled if the accused pleads not guilty

32
Q

Self defense

A

When your life is in danger you can kill the other in self defence

33
Q

Necessity

A

The act of killing or injuring another to save another life

34
Q

Duress

A

The defense of committing a crime when under threat

35
Q

Sanction

2 Examples

A

A punishment given by the magistrates or judge in a criminal case.
Protection of society
Rehabilitation

36
Q

Remand

A

Detention of a person in a legal custody until their trial

37
Q

Parole

A

Release of a prisoner under the supervision if a Parole officer with conditions attached.

38
Q

4 Reason why A Court Hierarchy is required

A

Appeal
Specialisation of judge
Precedent
Administrative convenience

39
Q

Role of The Jury

A

To listen to the evidence in a criminal case and find the accused guilty or not guilty based upon the evidence given.

40
Q

3 Strengths Of a Jury

A

1: Juries decision reflects the views of the community as those on the jury are ordinary people.
2: Desicion making is spread across 12 people. The jury is made up of 12 members
3: Juries provide a trial that is free from political interference- politics don’t get involved.

41
Q

3 weaknesses Of Jury

A

1: They’re expensive
2: Juries may make the wrong decison as they have no legal knowledge.
3: Jury doesn’t have to give their reason as they might be bias.

42
Q

3 Strength Of Imprisonment

A

1: Keeps them away from society
2: Stops them from repetition of crime
3: Rehabilitates them

43
Q

3 Weakness Of Imprisonment

A

1: Expensive
2: A chance a person is innocent and you’re taking their liberty away
3: They may not rehabilitate and therefore being released into the community without any rehab and may continue to re offend.

44
Q

Pre-Trial procedure of a committal Hearing

A

During this procedure the crown must present evidence in relation to the case such as statements of witness and list of exhibits
The defendant must b given copies of the written evidence prior to the hearing.
At conclusion of the hearing the magistrates must decide if a prima facie case exists, that is, is there sufficient evidence to support a conviction by a jury at trial.

Legal Studies (8 decks)

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