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Y10 legal studies > Exam revision > Flashcards

Exam revision Flashcards

(47 cards)

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1
Q

Identify the 5 characteristics of an effective law

A
  1. Reflects societies views and values
  2. Effective
  3. Clear
  4. Known
  5. Stable
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2
Q

What is the role of the House of Representatives? (lower)

A
  1. Introduce bills
  2. review bills already passed by the upper house (senate)
  3. Hold government
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3
Q

What is the rubber stamp effect?

A

If government holds majority seats in the upper house the senate tends to rubber stamp, merely confirming the decisions made in the lower house.

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4
Q

What is abrogation?

A

Parliament overrule the interpretation of the courts and alter the acts to make it clearer.
The law created by courts will no longer be validated the courts will imply the new legislation and not the precedent when a new case comes before them.

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5
Q

What is codification?

A

When parliament have not considered an issue, a court makes a precedent that draws attention to the indue and parliament then decides to codify (confirm) the common law to create a statue to ensure a future court does not change the law.

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6
Q

What is a petition?

A

A formal, written request to the government to some action or implement law reform.

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7
Q

What is a demonstration?

A

A gathering of people to protest or express their comments concern or dissatisfaction with an existing laws a meaning of influencing law rev

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8
Q

how can courts influence law reform?

A
  1. Precedent- courts can create law in areas where no legislation exists, when a higher court makes a decision in a case, that decision becomes a precedent
  2. Statutory interpretation- when legislation is unclear or ambiguous, courts interpret how the law should be applied. These interpretations can significantly affect the meaning and application of the law, sometimes prompting parliament to amend legislation.
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9
Q

What are 3 strengths to petitions?

A
  1. They are relatively simple, easy and inexpensive way to show people their desire for a change in law
  2. Parliament members are more likely to consider law-reform that has a strong support within the community
  3. Once a petition has been given to a member or parliament they must present the petition to parliament, generate further community support even if unsuccessful
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10
Q

What are 3 weaknesses to petitions?

A
  1. Influence of the petition may depend on who tables it and their influence within the parliament
  2. Parliaments receive hundreds of petitions per year there is no guarantee or compulsion for the suggested law reform to be adopted
  3. Many petitions may not gain public and media attention after being tabled
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11
Q

What are 2 strengths to demonstrations?

A
  1. They attract a large number or participants which can attract free positive media attention, MoP are more likely to consider law reform that has a strong support within the community
  2. Demonstrations can raise social awareness, making member of the public think about an issue for the first time
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12
Q

What are 2 weaknesses to demonstrations

A
  1. They can be less effective and even decrease public support for a law change if they cause public inconvenience or are violent or lead to a breach in a law
  2. They are difficult and time consuming to organise and attendance can be effected on location and weather
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13
Q

What are 3 strengths of using courts for law reform?

A
  1. Challenging an existing law in a higher court can enable a vague or unclear law to be clarified
  2. Even if unsuccessful it may gain significant media coverage and help increase awareness of the possible need to change a law
  3. Judges decisions and comments made in court can encourage parliament to change the law
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14
Q

What are 3 weakness for using courts for law reform?

A
  1. Courts are limited in their ability to change the law because they can only do so when a case comes before them and only in relation to the issue in the case.
  2. It can be expensive and time consuming and a successful outcome can not be guaranteed
  3. A judge law can be overridden (abrogated) by parliament
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15
Q

what are the 6 classifications of crime?

A
  1. crimes against the person
  2. crimes against property
  3. white collar crime
  4. organised crime
  5. cyber crime
  6. hate crime
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16
Q

Identify 2 categories of crime

A
  1. indictable offences
  2. summary offences
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17
Q

Definition of a summary offence and the legislation

A
  1. An offence that is less serious in nature
    Summary offence act 1966
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18
Q

Definition of an indictable offence

A
  1. An offence that is more serious in nature
    Crimes Act 1958
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19
Q

What are the 2 parties in a criminal case?

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A

accused
prosecution

20
Q

definition of presumption of innocence

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A

a right for all accused to be presumed innocent unless they plead guilty or are proven guilty in a criminal court

21
Q

Definition of the burden of proof

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A

the onus or responsibility of a part to prove the facts and case in criminal law, this lies with the prosecution

22
Q

what is the standard of proof

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A

degree or extent to which the evidence of a case must be proven for the accused to be doubt guilty

23
Q

3 rights of the accused

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A

right to silence
right to jury for indictable offences
right to trial without unreasonable delay

24
Q

principle offender

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A

someone who is directly involved in a crime before and during it being committed

25
accessory
a person related to a crime who had no knowledge of it before and during it being committed, however aids or assists the principle offender with covering it up after it being committed
26
actus reus
the wrongful actions of the accused
27
mens rea
the guilty mind of the accused
28
what are strict liability offences
offences that do not have to the mens rea element proven for the person to receive a punishment, only the acts reas element has to be proven
29
Definition of murder
the unlawful and intentional killing of another person where the person acted voluntarily
30
what are the 7 elements of murder
1. was the victim human 2. did the victim 3. is the accused over the age of discretion 4. did the person act voluntarily 5. causation i. direct unbroken causal link ii. 'but for' substantial test 6 malice aforethought- desire/ premeditation to kill someone 7. was the killing unlawful
31
describe one punch manslaughter
voluntarily killing of another person with the use of one strike to the hear for neck it is a homicide offence that is heard in the Supreme Court trial division and guilt is determined by a jury of 12 'peers'
32
3 sanctions
fines community corrections orders imprisonment
33
2 purposes of sanctions
-deter offenders from reoffending or people from offending -provide rehabilitation for those who are looking to change
34
3 roles of the high court
-protect rights of austalians -act as the highest court of appeal - interpret the constitution
35
express rights
rights that are written/ embossed within the constitution and cannot be changed without a successful referendum
36
original jurisdiction
authority for the court to hear a case at first instance
37
appellate jurisdiction
the power of a court to hear and determine a matter on appeal
38
what are 3 strengths of the jury
1. they are impartial and independent meaning that their decision will be unbiased and independent, cannot undertake into consideration personal characteristics of their accused 2. they spend the decision making process, this acts to eliminate bias/corruption, if their where no jury panel the decision would be left to the judge which may have a personal biased against the accused 3. they promote transparency and engagement with the community which ensures the judicial officers such as judges and the prosecution are accountable in the role and act in a professional and ethical matter
39
what are 3 weaknesses to a jury
1. they do not need to provide a reasoning for their decision meaning that their finding of guilt may be biased but this is likely unknown since they are not required to justify their conclusions 2. they create extra costs a delays, empanelling a jury takes time and they will need to have court procedures and their roles clearly explained to them they also need time to consider different types of evidence along with having elements of law explained to them by a judge 3. they may not understand complex legal jargon/evidence as they are not trained and are inexperienced meaning they may struggle to understand complex terminology used in court, they may also feel reluctant to participate as they have not been excused
40
what is a precedent
a Principe that is established in a legal case that should be followed by courts in future cases where material facts are similar
41
what is ratio decidendi
the reasoning behind the decision the judge arrived to- binding precedent
42
what is obiter dicta
that is comments made by the judge in a particular case that maybe persuasive in particular cases- persuasive percedent
43
what is a binding precedent
a precedent that must be followed bc of the legal principle was wither set by a higher court, in the same court hierarchy, pertains a matter of similar fact
44
what is statutory interpretation
when a judge apply or generate meaning of words within acts to resolve the dispute
45
3 main reason legislation need to be interpreted (statutory interpretation)
unclear wording changing the nature of words clarifying words
46
what is an injunction?
a remedy in the form of to do something or not to do something
47
what are the 2 injunctions
restrictive- stop someone from doing a particular thing e.g stop a building from being destroyed mandatory- compel someone from doing a particular act e.g remove something from their land

Y10 legal studies (5 decks)

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