Exam Revision U1 + U2 Flashcards
(45 cards)
1
Q
what are the impacts of murder on the victim and family?
A
- loss of life
- disruption to family life
- trauma, grief, loss, and related medical issues
- funeral costs
- loss of household income
- loss of trust in law and order + community values
2
Q
what are the impacts of murder on the community?
A
- cost of publicly funded medical treatment
- need for coronial services
- increased need for emergency services
- loss of workplace productivitiy
- potential loss of confidence in the legal system + community values
3
Q
what are the impacts of murder on the offender?
A
- guilt + shame in causing death
- legal costs
- custodial sentence
- loss of household income if imprisoned
- diminishes family social status and wellbeing
- negative influences due to exposure in prison
4
Q
what are the impacts of theft on the victim and their family?
A
- stress (especially if stolen items are not recovered)
- insurance premiums payable by victim (increase if items aren’t recovered)
- loss of property
5
Q
what are the impacts of theft on the community?
A
- increased need for police
- loss of income for retailers = price increase
- loss of trust in law and order and community values
- reduces people’s trust in companies (especially with wage theft)
6
Q
what are the impacts of theft on the offender?
A
- guilt + shame
- legal costs
- compensation paid to victim
- potential hardships of incarceration on victim + their family
7
Q
what rights are protected by negligence laws?
A
- right to be safe from harm
- right to be protected from wrongful conduct by others
- right to seek compensation against people who have acted contrary to negligence laws
8
Q
what are the defences to negligence?
A
- contributory negligence
- assumption of risk
9
Q
what are the specific defences to theft?
A
- subjective belief
- claim of right
- inability to obtain permission from owner
10
Q
what are the impacts of negligence on the plaintiff?
A
- loss of life
- permanent physical incapacity
- serious physical injury
- emotional impact of breach
- loss of wages + livelihood
- unemployment
- effect on mental health
11
Q
what are the impacts of negligence on the defendant?
A
- loss of business
- public humiliation
- physical injury
- costs
- need to sell assets
12
Q
what rights are protected by defamation laws?
A
- right to freedomof expression
- right to be considered of good character and reputation
- right to have that reputation protected (by placing limits on freedom of exression)
- right for people whose reputations have been harmed to seek fair and effective remedies
- right to a quick and effective method of defamation-related dispute resolution
13
Q
what are the impacts of defamation on the plaintiff?
A
- loss of reputation
- emotional impact of defamatory material
- loss of wages + livelihood
- unemployment
14
Q
what are the impacts of defamation on the defendant?
A
- costs
- need to sell assets
- public humiliation
15
Q
what are the institutional powers in arrest?
A
- power of arrest without a warrant
- power to use reasonable force when making an arrest
16
Q
what are the individual rights in arrest?
A
- right to refuse to attend a police station unless under arrest
- right to be informed of reason for arrest at time of arrest
- right to trial without unreasonable delay
- right to silence upon arrest
17
Q
what are the institutional powers in questioning?
A
- power to question a person in custody within a reasonable time
18
Q
what are the individual rights in questioning?
A
- right to be informed that anything they say can be used against them as evidence
- right to be informed they can communicate with a friend or relative and a legal practitioner
- right to an interpreter
- right to private communication with a legal practitioner
- right to silence (other than providing name and address)
- right to parent/guardian/independent adult present if under 18
19
Q
what are the institutional powers in bail?
A
- power to grant or refuse bail
20
Q
what are the individual rights in bail?
A
- right to apply for bail
- right to be granted bail unless required by law to be declined
21
Q
what are the institutional powers in court proceedings?
A
- power to commence criminal action against an accused
- power to prepare a case, speak to witnesses, and obtain evidence (for the prosecution)
22
Q
what are the individual rights in court proceedings?
A
- right to have a competent, independent, impartial court
- right to the presumption of innocence
- right to adequate time + facilities to prepare a defence
- right to be tried without unreasonable delay
- rigt to legal aid
- right to an interpreter
- right to challenge and rebut evidence put against them
23
Q
what are the institutional powers in imprisonment?
A
- power to imprison an offender for a period of time
24
Q
what are the individual rights in imprisonment?
A
- right to be in open air for at least an hour each day
- right to adequate food and dietary requirements being met
- right to suitable clothing
- right to access to medical care + treatment + dental care
- right to special care for mentally ill offenders
- right to practise a religion
- right to one half-hour visit per week
25
what are the strengths of the jury system in criminal cases?
- independent + impartial
- community involvement in the legal system
- deliberates based on facts and evidence (fairness)
- spreads responsibility of decision making (instead of single judge)
- reflects community values
26
what are the weaknesses of the jury system in criminal cases?
- don't have to give reasons for decisions
- difficult for ordinary citizens to understand complex cases
- easily influenced by skilled lawyers + emotions
- biases play a role in deliberations (even if unintentional)
- trials can be delayed because legal terms must be explained
27
what does the magistrates' court have original jurisdiction over?
- summary offences
- indictable offences heard summarily
- committal proceedings
- bail and warrant applications
28
what does the county court have original jurisdiction over?
- indictable offences (excluding murder, attempted murder, certain conspiracies, and corporate offences)
29
what does the county court have appellate jurisdiction over?
- convictions or sentences from the magistrates' court
30
what does the supreme court (trial division) have appellate jurisdiction over?
- questions of law from the magistrates' court
31
what are some aggravating factors in sentencing?
- intense nature + gravity of offence (weapons usage, etc.)
- use of violence + explosives
- children witnessing offence
- offence being motivated by hatred or prejudice
- offender breaching position of trust (parent committing crime against child, etc.)
- previous criminal behaviour or offending
- significant impact/suffering on victim (can be demonstrated through victim impact statement)
- significant injury, loss, or damage to a person or property
32
what are some mitigating factors in sentencing?
- minor nature + gravity of offence
- offender pleads guilty early in court process (saves time + resources + prevents victims from having to give evidence and relive trauma)
- offender was acting under duress
- offender has good prospects of rehabilitation
- offender was under personal strain
- lack of injury or harm caused by offence
- full admissions + cooperation from offender
- lack of prior offending
- offender shows significant remorse
33
what are the strengths of courts as dispute resolution bodies?
- judges are impartial
- reduce delays through active judicial case management
- court hierarchy means courts are specialised
- encourages parties to attend mediation
- both parties presen their cases, procedural fairness
- can make binding decisions
- doctrine of precedent
- appeals
34
what are the weaknesses of courts as dispute resolution bodies?
- too expensive
- can still be delays
- formalities mean stressed/intimidated parties
- onus on parties to prove their case = inconvenience in having to collect evidence themselves
- legal representation = expensive, unfair disadvantage without legal rep
- slow to adopt new technology reduces access for those in rural areas especially
- methods of dispute resolution = difficult for parties to understand
- doctrine of precedent is difficult to understand
- right to appeal is not automatic
35
what are the strengths of the jury system in civil law?
- judges are independent and impartial
- allows the community to be involved
- deliberations based on evidence means fairness
- spreads responsibility of decision making across several jurors
- can effectively determine if a witness is telling the truth
- selected at random + juror with connections to parties can't participate
- reflect community values
36
what are the weaknesses of the jury system in civil law?
- no reason is given for deliberations and decisions (fairness in question)
- difficult task (especially with large amounts/complex evidence)
- may be unduly influenced by skilled lawyers + emotions
- may have biases that play a role in their deliberation
- expensive to request a jury
- delays
- inconsistency in damages assessment
37
what factors are considered when determining the effectiveness of damages?
- type of loss suffered (economic or non-ecnoomic)
- whether the plaintiff suffered significant physical injury/irreparable damage
- whether there has been loss of life
- accuracy of estimate for future loss (loss of future earning capacity)
- injuries suffered following award of damages
- whether there is a more appropriate remedy
- whether damages can adequately compensate for time/stress/inconvenience of court
- whether the defendant has the capacity to pay
38
what factors are considered when determining the effectiveness of injunctions?
- whether the defendant has already caused too much damage
- whether the defendant will stop their actions or whether they may do other things to cause the plaintiff loss
- whether the plaintiff will comply with the injunction
- whether the plaintiff will be returned to their original position
- whether there is another remedy more appropriate for the plaintiff
- whether an injunction can adequately compensate for time/stress/inconvenience of court
39
examples of rights in the victorian charter of human rights and responsibilities?
- right to life
- right to protection from torture and cruel, inhuman, or degrading treatment
- freedom of movement
- freedome of thought, conscience, religion and belief
- right to take part in public life
- right to recognition and equality before the law
- right to a fair hearing
- right to not be tried or punished more than once
- right to be provided with legal aid
- right to be provided with free assistance rom an interpreter
- right to not be compelled to give evidence against oneself
40
what are the strengths of statute law in rights protection?
- parliament can amend statutes to incorporate further rights as society changes
- detailed + precise rather than implied
- enforceable + governmentally recognised
- parliament can pass laws quickly if there is a need to protect rights
41
what are the weaknesses of statute law in rights protection?
- parliament can amend statutes ot limit rights
- parliament can include restrictions to rights in statutes
- statutes don't always enable damages to be awarded
- not as well protected as constitutional rights
42
what are the strengths of common law in rights protection?
- courst are independent from parliament + can establish precedent without political proessure
- courts can establish rights in areas that parliament hasn't
- can highlight parliamentary gaps in rights + encourage parliament to change the law
- are usually not overly interfered with by parliament
43
what are the weaknesses of common law in rights protection?
- not as easy to define or identify as statute laws
- have to wait for a case in order to declare rights
- parliament can abrogate common law rights
- sometimes courts are reluctant to recognise rights in favour of parliament doing it instead
- judges decisions only apply to specific rights in dispute in a case
44
what are the strengths of the constitution in rights protection?
- express rights can only be changed through a referendum
- implied rights exist
- statutes cannot breach rights, constitutional rights are fully enforceable (any statute that breaches constitutional rights can be declared invalid)
- high court can interpret the meaning of the constitution so it reflects societys values + create implied rights
45
what are the weaknesses of the constitution in rights protection?
- difficult to change and update due to referendum process
- limited scope of rights protected (only 5 express rights)
- high court challenges of constitution to create implied rights are expensive and time consuming
- high court can only interpret the meaning and declare infringements of rights once a case comes forward involving said right
