Definitions Flashcards

1
Q

Statute Law?

A

A law made by the parliament, it is the most common form of lawmaking.

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2
Q

Common Law?

A

Are laws made by judges, when the statute law does not exist.

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3
Q

Civil Dispute? Example?

A

Deals with individuals and how they behave towards each other, e.g. an argument between neighbours

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4
Q

Precedent?

A

A decision made by a judge that established a point of law.

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5
Q

Prosecutor?

A

The lawyer from the Crown that represents the community in a criminal case and attempts to convince the court the accused party’s guilt.

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6
Q

Law?

A

Everybody has to follow these to keep society safe and in order.

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7
Q

Jury?

A

A group of ordinary people in a criminal case and some civil cases who must decide if they they accused is guilty or not guilty.

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8
Q

Verdict?

A

Result or final answer in a court case.

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9
Q

Witness?

A

Presents evidence to the court to support the case, either in the defence or prosecution.

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10
Q

Tort Law? Example?

A

Involves people being inconvenienced by the actions of others, this law helps people receive compensation. E.g. if an individual infringes on the rights of others such as defamation.

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11
Q

Plaintiff?

A

Makes a complaint in a civil case and accuses the defendant of wrong doings.

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12
Q

Defendant?

A

The person/party accused of the crime and defending their case.

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13
Q

Anarchy?

A

Political and social disorder due to the absence of government control.

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14
Q

Criminal Law?

A

Laws that govern and are there for the benefit of the whole society.

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15
Q

What is the difference between Statute and Common Law?

A

The difference between common and statute law is that Common law is made by judges when the statute law does not exist; whereas Statute law is made by Parliament and is the most common way of law making, but cannot create a precedent however common law can set one.

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16
Q

What is the difference between a defendant and a plaintiff?

A

The plaintiff is someone who makes a complaint where the defendant is someone who is defending their case.

17
Q

What is the difference between a criminal and civil law?

A

Civil law deals with cases where the rights of individuals are abused or infringed, Whereas Criminal law is much more serious than civil law. E.g. drug dealing, murder, assault

18
Q

What categories do criminal and civil law belong under?

A

Criminal- Public Law

Civil- Private Law

19
Q

What are the 6 main types of criminal law? Example?

A

Crimes against a person- cause harm e.g. assault
Crimes against property- causes damage to a property e.g. break & enter
White-collar crimes- e.g. tax evasion or computer hacking
Crimes against state- (country), e.g. sedition (encouraging a hatred of state),
Public order offences- e.g. drunk & disorderly
Traffic offences- e.g. driving without a seatbelt and drink driving.

20
Q

What are the 5 steps of a bill becoming a law.

A
  1. Proposed Bill
  2. Approved by the House of Representatives
  3. Approved by the Senate
  4. Signed by the Governor General
  5. Becomes an ACT or a Statute
21
Q

Define Inherently Flawed?

A

Evidence presented has faults in relation to the crime.

22
Q

Define Dismissed Appeal?

A

A judge rejects an appeal.

23
Q

Define Overturn? Example?

A

A verdict is changed in a court appeal, e.g. a guilty verdict becomes and innocence verdict.

24
Q

Define Not Tainted?

A

Not corrupted or contaminated with faulty facts.

25
Q

Define Comprehensive Evidence?

A

Covers nearly every fact related to a crime.

26
Q

Define Deems?

A

Pertaining to facts.

27
Q

Define Upholds a Conviction?

A

A judge agrees with a jury on a case.

28
Q

Define Replicate a Law?

A

The judge follows the precedent.

29
Q

Define Objection?

A

A lawyer may object to questions or to evidence.