Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

legal studies > Aos 1 Unit 3 > Flashcards

Aos 1 Unit 3 Flashcards

(57 cards)

Start Studying
1
Q

what are the 2 types of law

A

criminal law and civil law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

law making bodies

A

Parliament (statute law) & Court (common law)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

what is the Criminal Justice System

A

a set of processes and institutions used to investigate and determine criminal cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

who is the accused

A

a person charged with a criminal offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

what are the three main courts in victoria

A

magistrates, county & supreme

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what are the 2 parties in a criminal case

A

the state (prosecution) & the accused

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

what are the 3 principles of justice

A

fairness, equality & access

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

fairness

A

the parties in a legal case should have an opportunity to know the facts of the case and have the opportunity to present their side of events

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

equality

A

people should be equal before the law and have an equal opportunity to present their case as anyone else, without advantage or disadvantage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

access

A

all people should be able to understand their legal rights and pursue their case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

what are the 2 types of offences?

A

summary & indictable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

summary offences

A

a minor offence generally heard in the magistrates court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

indictable offence

A

a serious offence generally heard before a judge and a jury in the county court or supreme court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

the burden of proof

A

rests with the prosecution to prove the facts of the case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

the standard of proof

A

the prosecution must prove the case beyond reasonable doubt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

the presumption of innocence

A

the right of a person accused of a crime to be presumed not guilty unless proven otherwise

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

what are the rights of an accused

A

the right to be tried without unreasonable delay, the right to a fair hearing & the right to a trial by jury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

what is the purpose of the Human Rights Charter

A

to protect and promote human rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

what are the rights of a victim

A

give evidence as a vulnerable witness, be informed about the proceeding & be informed of the likely release date of the accused

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

what is the purpose of the Victims Charter

A

recognise the impact of crime on victims and provide guidelines for the provision of information to victims

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

victorian legal aid

A

a government agency that provides free legal advice to all members of the community and low-cost or no-cost legal representation to some people who cannot afford a lawyer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

types of legal aid

A

free legal information, free legal advice, free duty lawyer services, grants of legal assistance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

community legal centre

Study These Flashcards
A

an independent organisation that provides free legal services to people who are unable to pay for those services.

24
Q

what are the 2 types of CLC’s

Study These Flashcards
A

generalist & specialist

25
generalist CLC's
provide broad legal services to people in a particular local geographical area
26
specialist CLC's
focuses on a particular group of people or area of law
27
type of assistance from CLC's
legal information, legal advice, duty lawyer assistance, legal casework
28
committal proceedings
the processes and hearings that take place in the magistrates court for indictable offences
29
committal hearing
hearing to decide if there is sufficient evidence to support a conviction or the offence charged
30
Director of public prosecutions (DPP)
the independent officer responsible for commency, preparing and conducting prosecutions of indictable offences on behalf of the crown
31
plea negotiations
pre-trial discussions between the prosecutor and the accused, aimed at resolving the case by agreeing on an outcome to the criminal charges laid
32
purpose of plea negotiations
to resolve a criminal case by ensuring a plea of guilt to achieve a prompt resolution
33
sentence indications
a statement made by a judge to an accused about the sentence they could face if they plead guilty to an offence
34
sentence indications for indictable offences
accused must apply for a sentence indication, prosecution must consent, indication as to whether immediate sentence of imprisonment is likely to be imposed
35
sentence indications for summary offences
can be given at any time by the MC, no need for prosecutions consent, indication as to whether sentence of imprisonment or sentence of another type is likely to be imposed
36
strengths of a sentence indication
early determination of the case, saves money and resources, the accused is not bound to accept
37
weaknesses of a sentence indication
the judge is not obliged to grant the accused's request, there may be a lack of transparency, lessen the impact or need of a victim impact statement
38
jurisdiction of the magistrates court
original- all summary offences and indictable offences heard summarily, committal proceedings, bail applications and warrant applications. appellate- none
39
jurisdiction of the county court
original- indictable offences except murder, attempted murder, certain conspiracies, corporate offences appellate- from the MC on conviction or sentence
40
jurisdiction of the supreme court (trial division)
original- most serious indictable offences appellate- from the MC on points of law, from the MC on conviction or sentence in limited circumstances
41
jurisdiction of the supreme court (court of appeal)
original- none appellate- appeals from the CC or the SC
42
responsibilities of the judge
manage the trial decide on admissibility of evidence attend to jury matters give directions to the jury and sum up the case hand down a sentence
43
responsibilities of the jury
be objective listen to and remember the evidence understand directions and summing up deliver a verdict
44
responsibilities of the parties the prosecution the accused
give an opening address assist the judge in jury matters present the party's case give a closing address make submissions about sentencing
45
responsibilities of legal practitioners
be prepared comply with their duty to the court act in the best interest of their client
46
sanction
a penalty imposed by a court on a person guilty of a criminal offence
47
DRDPP
deterrence - specific & general rehabilitation denunciation protection punishment
48
fine
a sanction that requires the offender to pay an amount of money to the state
49
Community Corrections Order CCO
a sanction that requires a supervised sentence served in the community that includes special conditions
50
imprisonment
a sanction that involves removing the offender from society for a stated period of time and placing them in prison
51
aggravating factors
the use of violence or weapons the nature and gravity of the offence vulnerabilities of the victim being motivated by prejudice or hatred against a group of people the offence taking place in front of children breach of trust the offence occuring while the offender was on a CCO or on bail victim impact statements
52
mitigating factors
the offender showed remorse the offender had no previous convictions the offender was acting under duress the offender had shown efforts at rehabilitation the offender was under personal strain guilty pleas
53
cost factors
the cost of legal representation the availability of legal aid
54
time factors
court delays the use of plea negotiations
55
cultural factors
language barriers direct questioning body language cultural taboos lack of understanding of court procedures
56
recent reforms
expansion of the koori court victim support dog program changes to committal proceedings for some sexual offence matters
57
recommended reforms
continued expansion of the koori court judge-alone trial increased funding for legal aid, legal centres and other services

legal studies (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions