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Law and justice in society > Exam revision > Flashcards

Exam revision Flashcards

1
Q

Delegated Legislation definition

A

delegated legislation is a law made by someone not in parliament but given power to make that law by parliament

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2
Q

Actus reus definition

A

Committing the act

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3
Q

mens rea definition

A

Having a guilty mind, it was premeditated at any point even seconds before. Not an accident.

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4
Q

Prosecution definition

A

Legal proceedings against someone in criminal law

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5
Q

Indictable offence definition

A

A very serious offence

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6
Q

Summary offence definition

A

Smaller not so serious offence

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7
Q

magistrates court

A

First level of court system: deals with summary offences eg traffic infringement, shoplifting, disorderly behavior. More serious offences: burglary, assault, fraud and drugs.

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8
Q

County court

A

Determines criminal, common law and commercial matters

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9
Q

Murder definition

A

unlawful premeditated killing of one human being to another

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10
Q

manslaughter definition

A

crime of killing another human being without malice aforethought. Not premeditated

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11
Q

Criminal Law definition

A

a system of law concerned with the punishment of offenders

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12
Q

Civil Law definition

A

A system of law concerned with private relations between members of a community rather than criminal, religious of military affairs

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13
Q

Common Law

A

derived from england and passed down from generation. is used as precedent if judges need to make a decision not covered by legislation

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14
Q

Plaintiff definition

A

a person who brings the case into a court of law

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15
Q

Negligence definition

A

Failure to exercise a degree of care or caution necessary to protect others from harm.
Elements: duty, affirmative duty, rendering aid, breach of duty, causation(direct, proximate), damages

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16
Q

Supreme Court

A

hears the most serious criminal, and complex civil cases is the state. highest court in Victoria.

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17
Q

Statutory Law

A

written law passed by a body of legislature. Steps:
MP prepares bill
first reading - title give copy to MPs
Second reading - why, debate
Third reading - discuss, change, vote
Other house - repeat readings if voted no, repeat
GG - royal assent,effect

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18
Q

High Court

A

interpret and apply law of australia. hear against decisions of other courts. deals with the constitution

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19
Q

Causation definition

A

Direct and proximate cause by the defendant resulting in harm to the plaintiff.

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20
Q

Remedy definition

A

in civil law it is the sanction to help remedy the victim. apology, compensation, promotion ect.

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21
Q

Defendant definition

A

individual, company sued or accused in the court of law

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22
Q

Social Cohesion definition

A

the strength of relationship between members of a communit

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23
Q

Sanctions definition and purposes

A

punishment imposed by the court : community correction, fine, imprisonment
purposes:
rehabilitation, punishment, deterrence, denunciation, protection

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24
Q

Defamation definition

A

harming another persons reputation

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25
RECKS
Characteristics of an effective law: Reflect society's values Enforceable Clear and understood Known Stable
26
Principles of Justice
Equality, fairness, access
27
2 reasons for Court Hierarchy
If a person does not agree with a decision they can appeal to the court ranked higher Specialisation: each court has different purposes, speeding up the court processes.
28
Difference between criminal and civil law
Civil law focuses on disputes between parties criminal law is when prosecutions are brought up against individuals or companies when a lawis broken
29
purposes of the law, examples
Maintaining order, resolving disputes, protecting human rights, establishing standards, preventing harm to civilians examples: roads, tax ect.
30
Elements of murder
There are 6 elements of murder: The killing is unlawful The victim is a human being The accused was a person over the age of discretion (10y in Australia) The accused caused the victim's death(causation, direct link) The accused person was of sound mind There was a malice forethought and afterthought
31
Defences to murder
The 5 defences to murder are: Self defence Mental impairment Duress - a belief that a threat exists Sudden or extraordinary emergency - usually traffic offences Involuntary actions - intoxicated, automatism
32
Judge considerations when sentencing
Aggravating and mitigating factors, priors, mental impairment, remorse, guilty plea, assault on arrest, crime and the severity, evidence to support the case, standard sentence, culpability(how much they are to blame, victim impact
33
Anarchy definition
the absence of rule or law or of settled government
34
Aggravating and mitigating factors
Things that lessen or worsen your sentence
35
Upper House
senate, 76 seats, proportional voting 6 year position
36
Labour party
Major centre left political party
37
Lower House
house of reps 151 seats, preferential voting, 3 year position
38
Bicameral definition
2 houses
39
member of parliament definition
in house of reps, forms gov
40
Parliament
consists of the two houses and the king represented by the governor general
41
liberal Party
centre right political party
42
Referendum
to change constitution
43
Governor general
represents the king, signs off on new bills
44
Bill definition
a proposal for law or legislation
45
treaty,Act definition
eliminating racial discrimination, racial discrimination act
46
Liberal democracy
emphasises the seperation of powers
47
Safeguards and threats to democracy
safeguards: commonwealth separation of powers voting for mp's and pms expressed rights fair and equal elections constitution victorian charter of human rights Threats: republic debate media social media war ageing population global events vested interest groups eg banks businesses.
48
separation of powers
legislative, judicial and executive
49
implied rights
rights that underlie actual words in the constitution but are not explicitly stated in the constitution.
50
Indos system of gov
3 levels: legislative, executive and judiciary in political parties 30% must be women Death penalty republic lower house 575 seats upper house 136 bill doesn't have to be passed through both houses elections held every 5 y onb the same day must be 17yo or married to vote
51
3 levels of gov, responsibilities
Federal: Currency Defence Marriage Customs and border protection Australian citizenship State: Primary and secondary education Health services Water Electricity Public transport Local: Local infrastructure (e.g. roads, footpaths, waste collection) Recreational facilities(e.g. Parks libraries, swimming pools) Age care facilities Child care facilities
52
Australia's relationship with UN
one of the 51 founding members, australia funded 12.725 million to the united nations development programme (UNDP) and 21 million to the United nations children fund (UNICEF)
53
explain definition
why/how, cause and effect
54
compare definition
similarities and differences
55
Evaluate definition
strengths and weaknesses
56
Describe definition
characteristics of a feature
57
identify definition
name it
58
Discuss definition
points for and against an argument
59
Justify definition
prove a statement with evidence
60
Examine definition
establish key facts and important issues related to the topic
61
Distinguish definition
what is the difference
62
Define definition
provide a definition
63
outline definition
provide a brief summary

Law and justice in society (2 decks)

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