exam revison

Question 1

difference between legal and non legal rule

Answer 1

both legal rules and non legal rules can be enforced but a legal rule is enforced by the courts and non legal rules are enforced by individuals or small groups

Question 2

define law

Answer 2

a legal rule

Question 3

why do we need laws

Answer 3

we need laws to ensure the safety of citizens. laws give a clear outline on what is right and wrong.

Question 4

chararestics of an effective law

Answer 4

• known by the public
• able to be enforced
• stable
• able to change

Question 5

main sources of law in Australia

Answer 5

• commonwealth
• state parliament
• territory parliament

Question 6

define bi-cameral

Answer 6

a parliament system that has two levels. austral has upper and lower houses

Question 7

queens representative

Answer 7

commonwealth: governor general
victoria: govorner

Question 8

role of the upper house (senate)

Answer 8

reviews laws pasted by the HOR

Question 9

role of the lower house (house of representatives)

Answer 9

introduce and pass proposed laws and review bills passed the senate

Question 10

law making process

Answer 10

• first reading
• second reading
• consideration in detail
• third reading
• royal assent
• proclamation
• the bill becomes a law

Question 11

what happens in the second reading

Answer 11

the propose of the law is explained, debated and voted on. the bill is considered with respect to its compatibility to the the victorian charter of rights.

Question 12

magistartes court

Answer 12

• lowest court in victoria

- cannot hear appeals from other courts

Question 13

county court

Answer 13

• has unlimited jurisdiction for civil cases
• can only hear appeals of civil cases in special cases
• trail by judge or jury of 6

Question 14

supreme court

Answer 14

• can hear unlimited civil cases

- hears major criminal cases

Question 15

supreme court of appeal

Answer 15

• hears appeals from the county and supreme court on point of law
• hears appeals from the president and vice president

Question 16

role of a jury

Answer 16

a jury listens to the evidence being presented, evaluate the evidence and make a fair and just ruling based on the evidence

Question 17

advantages of a jury

Answer 17

• provides a system of trial by peers
• gets the community involved
• reflets comunity values

Question 18

disadvantages of a jury

Answer 18

• not a true representation of the community
• people may not understand complex evidence
• can be influenced by outside factors

Question 19

criminal law and civil law

Answer 19

criminal parties: persecution and accused
civil parties: plaintiff and defendant
criminal aim: protect society as a whole
civil aim: protects the individuals rights
criminal use of a jury: jury of 12 used in criminal cases
civil use of a jury: optional jury of 6
criminal verdict: guilty or not guilty
civil verdict: liable or not liable
criminal standard or proof: beyond a reasonable doubt
civil standard of proof: balance of probability

Question 20

define crime

Answer 20

an act against an existing law. is harmful to a person or a groups of people

Question 21

summary offence

Answer 21

a minor crime that is heard in the magistrates court

Question 22

indictable offences

Answer 22

serious offences which can be heard before a judge and jury

Question 23

define mens rea

Answer 23

the guilty mind. having an intention to kill

Question 24

actus rea

Answer 24

the guilty act

Question 25

define murder

Answer 25

the unlawful killing of a person with the act of malice

Question 26

elements of murder

Answer 26

- unlawful killing - the accused is over the age of discretion - the victim was human - the accused was of sound mind - the accused caused the death - the act was malice

Question 27

distingush between manslaughter and murder

Answer 27

both murder and manslaughter result in the death of a person but for it to be murder the accessed must have the mens rea but for manslaughter you do not

Question 28

defences to murder/manslaughter

Answer 28

- self defence - duress - mental impairment

Question 29

under what circumstances has an assault taken place

Answer 29

when reckless actions result in: - bodily injury - pain - discomfort - deprivation of liberty

Question 30

define theft

Answer 30

taking someone else property without the intention of returning it

Question 31

define burglary

Answer 31

entering a building with the intention of stealing,assaulting a person or damaging the property

Question 32

define robbery

Answer 32

putting force on someone or putting the person in fear before or after the act of stealing

Question 33

define summon

Answer 33

a summon is a document telling the accused which court will be hearing their case and the date of the first hearing

Question 34

define warrant

Answer 34

a court document used to arrest and suspect and bring them before court

Question 35

individuals rights during questioning

Answer 35

- right to silence - right to contact are lawyer friend or relative - right to person in attendance

Question 36

what is bail? who is entitled to bail?

Answer 36

bail is a procedure that allows the accused to be released under condition until trial, everyone is entitled to bail.

Question 37

reason for bail to be refused

Answer 37

- charged with murder or treason - already in custody for another crime - maybe a threat to society

Question 38

what is presumption of innocence

Answer 38

everyone is innocent under the law until proven guilty

Question 39

what are the aims of criminal sanctions

Answer 39

- punish - protect - deter - denunciate - rehabilitate

Question 40

define corrections order

Answer 40

lets you serve your sentence in the community and come with at least one condition

Question 41

define fine

Answer 41

a large amount of money someone must pay as a form of punishment

Question 42

define imprisonment

Answer 42

a period of time you must spend in jail as a form of punishment (usually for more serious crimes)

Question 43

key factors in the adversary system

Answer 43

- role of the judge - role of the parties - role pf legal representation - rules of evidence - rules of procedure

Question 44

role of the judge

Answer 44

to acta s an impartial third party. who ensures both parties follow the rules and are treated equal.

Question 45

role of the parties

Answer 45

each party has the right and responses ability to prepare their own case.

Question 46

role pf legal representation

Answer 46

parties ensure that there is a fair and effective legal system. it is vital to have legal representation in the adversary system

Question 47

rules of evidence

Answer 47

the rules of evidence set guidelines for what can and cannot be presented in court. evidence such as hearsay or prior convictions are inadmissible.

Question 48

rules of procedure

Answer 48

the rules of procedure help ensure that each party has a fair and equal trial.

Question 49

advantages of the adversary system

Answer 49

- the truth we emerge threw witnesses - each party has control on their own case - the decision makers are impartial

Question 50

disadvantages of the adversary system

Answer 50

- unequal representation - oral evidence may lead to incorrect assumptions - the legal knowledge of the judge is underused