Chapter 5: Our Legal System Flashcards
(21 cards)
What is Criminal Law
- Protects us and punishes the offenders
- protects individuals from others doing the wrong thing.
- outlines the way people should
EXAMPLE: homicide, rape, assault, theft
what are indictable offences
- serious crimes such as homicide, child abuse, rape
- higher court: County and Supreme court
- guilt of defendant is determined by a jury
what are summary offences
- non serious crimes such as petty theft, traffic infringements and minor assaults
- heard in the magistrates court.
What is Civil Law
- deals with non criminal matter
- protects our rights and property
- allows a person to bring actions against other people for a civil wrong done to them.
EXAMPLE: disputes between friends, business partners, consumers and retailers.
negligence, trespass, defamation, nuisance, and breach of contract.
what happens when a civil wrong I successfully proven in court.
wronged party will usually seek damages such a- money- as compensation.
- lower standard of proof in civil cases. The plaintiff has to show that the defendant was ‘more likely than not’ to have committed the breach.
the court hierarchy
- High court: no jury - only one in Australia: Canberra
- Supreme court: family and federal are on the same level : only one in the capital of each state
- County court: intermediate court in Victoria and has sittings in main cities around the state
- Magistrates court: No Jury: Children, Koori, Coroners Courts same level: 90 percent cases: found in local areas
In criminal cases the higher courts deal with..?
The most serious crimes
In civil cases the higher courts deal with..?
matters that will affect many people or involve large sums of money.
6 rules police have to follow when arresting.
1) can only be arrested if..
- have warrant (court order) for arrest
- reasonable cause to suspect you’ve broken a law
2) told you’re under arrest and what the charge is
3) told you do not have to say anything and anything said will be used as evidence.
4) may be handcuffed
5) capsicum spray can be used to subdue you if violent
6) At the police station you are required to give your personal details for police records `
3 rules of personal search
1) do not have to submit to search unless presented with search warrant, but can search premises at anytime
2) if suspected of possession of drugs or weapons, pat down can be conducted
3) search must be conducted by officer of same sex
2 rules of phone calls
1) when at station, must be permitted a phone call
2) if unable to afford a legal representative, you may be entitled to legal rep
5 rules of formal interview
1) if under 18, an adult must be present
2) asked a series of questions
3) interview is recorded and may be videotaped
4) do not have to answer questions
5) will be given a copy of the taped interview
6 rules of fingerprinting
1) cannot fingerprint someone under 10
2) between ages 15-17, fingerprints can be recorded only if suspected on reasonable grounds
3) parents or independent person must be present when fingerprints are take
4) court order must be obtained if guardian refuses permission
5) if you refuse can be physically restrained and must be videotaped
6) police must destroy record after 6 months if not charged
2 charged rules
1) may be officially charged with offence
2) if charged, you’ll either be released on bail or held in prison on remand before being brought before a court
main roles
magistrate
judge
jurors
prosecutor and counsel for the defence
Three alternatives to court in civil cases
1) mediation: involves mediator used as a third party to reach a solution acceptable to both parties - often used in family courts to solve with marriage disputes
2) arbitrated decision: similar to mediation, uses a third party, however if unanimous decision cannot be reached the arbitrator decides and the decision is binding - magistrates uses arbitration in civil claims of less that
$10 000
3) Tribunal hearing (building disputes are often heard here): were set up as informal alternatives to courts where there were no lawyers and very few costs.
what does VCAT stand for?
Victorian Civil and Administrative Tribunal
what are the three categories under VCAT
Civil: credit, tenancies, buildings
Administrative: planning, taxation, land evaluation
Human Rights: equal opportunities, anti discrimination, guardianship.
what does the ‘Victorian Equal Rights Opportunity and Human Rights Commission’ deal with?
helps people resolve complaints of
- discrimination
- sexual harassment
- religious vilification
offers, free and impartial complaint resolution service.
aim is to achieve mutual agreement, if dispute cannot be resolved, the matter is referred t VCAT for arbitration
what is the Dispute settlement centre of Victoria
This is a state-funded centre that has been set up to mediate disputes between neighbours. For example, noisy pets, overhanging trees and even disgusting behaviour can be mediated.
what is Ombudsman Victoria?
The Ombudsman Victoria investigates complaints about Victorian government departments and authorities, including the police and local councils. The Ombudsman provides a free, independent and impartial service.
