Basic Legal Concepts Flashcards
What are the elements of Negligence and what section of the QCC is it in?
- Breach
- Breach of duty of care
- Damages caused by the breach of duty of care
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What is the type of offences in the Supreme Court?
Murder and other complex cases
What is the jurisdiction for the Supreme Court?
Civil claims above $750,000
What is the jurisdictions for the District Court?
Civil claims between $150,000-$750,000
What is the jurisdiction for the Magistrates Court?
Civil claims less than $150,000
What is the maximum penalty for Supreme, District and Magistrates Court?
Supreme - no max penalty (but no death penalty)
District - Max 14yrs
Magistrates - Max 3yrs
What are the type of offences in the District Court
Indictable offences e.g. assault
What are the type of offences in the Magistrates Court
Summary offences, some indictable offences e.g. drink driving
What is an indictable offence
An indictable offence is a serious offence which is usually heard in the District or Supreme Court by a judge or jury.
What is common law
- Each new case decided adds to the common law
- Creation of new legal principles e.g. high court & Mabo
Collection of past cases that are used to determine the outcomes of other cases
What is a summary offences
A summary offence is a less serious offence without prospect of going to jail and is usually tried in the Magistrates Court.
What is the DONOGHUE V STEVENSON case and what section of the Queensland Criminal Code is it in?
The victim, a young lady who had suffered shock at the sight of the decomposed snail and severe gastro-enteritis. This case influenced the neighbour principle and duty of care. [1932] AC 562
What is negligence?
breach of a duty of care which results in damage.
Sources?
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