Key Definitions Flashcards
(38 cards)
Mens Rea
The Guilty Mind
This means the defendants state of mind when the act was committed
Actus Reus
The Criminal Act
Defendant committed crime against the law
The presumption of innocence
Is the principle that one is considered innocent until proven guilty
Burden of proof
Criminal- the crown brings the case, prosecutor for proving the case
Civil- plaintiff brings case, the plaintiff is responsible for proving the case
Standard of proof
The amount of evidence which a plaintiff brings forward in a case against the defendant.
Criminal- must be beyond reasonable doubt
Civil- must be proven on the “balance of probabilities” which story adds up more
Criminal responsibility
The age is 10, or between 10 and 14
Criminal Liability
Responsibility for any illegal behaviour that causes damage or harm to someone or something.
Bicameral
Two Houses of Parliament-
Federal level- Senate and House of Reps
Victoria- the Legislative Assembly and the Legislative Council
Bill
A proposed law
Civil law
Protection of individual rights
To return the person whose rights have been infringed to their original state
Concurrent powers
Law-making powers that are shared by the Commonwealth Parliament and the state parliament
Criminal law
Protection of society as a whole
To apprehend, prosecute and punish those people who have broken the law and to deter others from breaking the law
Delegated legislation
Laws made by subordinate authorities
Enabling act
An act giving subordinate authorities the power to make laws
Exclusive powers
Law making powers of the Commonwealth parliament that can only be exercised by them also
Executive powers
A body made up of the governor- general (governor of state level) and senior ministers its task is to pass delegated legislation in areas where an enabling act has given power to the executive council to make regulations.
House of Representatives
The lower House of the Commonwealth Parliament
150 members sit in the HOR
Legislative Assembly
The lower house of the Victorian Parliament
Legislative Council
The upper house of the Victorian Parliament
Legal rule
Made by law-making bodies with the force of law e.g Parliament, local councils
Can be enforced through the courts
Non- legal rules
Made by private individuals or groups e.g parents, school
Cannot be enforced through the courts
Norms
Something that is usually, consistent, typical or standard
Residual powers
Law-making powers left with the states at the time of federation
Senate
The upper House of the Commonwealth
76 members sit in the Senate
