LAW and Citizens Flashcards
(61 cards)
1
Q
Parliament makes,
A
Legal rules or laws
2
Q
What 3 things does a legal rule require?
A
- to be established by an authority
- the reason is to regulate behaviour
- sanctions are imposed if it is disobeyed
3
Q
in order for a crime to be present there must be…
A
- guilty mind
- guilty act
4
Q
A summary offence is a minor or less serious crime, which is heard in a…
A
… magistrates or local court
5
Q
An indictable offence
A
- a more serious offence
- heard in a higher court
6
Q
Special Provisions for Children
A
- children under 10 aren’t capable of committing a crime
- children 10-15 aren’t considered mentally capable of committing a crime.
7
Q
Civil law relates to disputes between … or groups where the rights of a person or group has been abused
A
Individuals
8
Q
Example of a civil case?
A
- divorce dispute
- defamation
9
Q
Contracts are made when goods and services are exchanged? T or F
A
True
10
Q
Decisions mage in mediation are legally binding? T or F
A
False
11
Q
legal or non-legal
A
- rules can either be one or the other
12
Q
Non-Legal
A
- apply to a group or organisation, but not to a whole society
- the members of a group agree to be bound by the rules
13
Q
Legal
A
- apply to all members of society and include criminal + civil law
14
Q
Examples of criminal law
A
- murder
- theft
- culpable driving
15
Q
Examples of civil law
A
- an agreement made between individuals
- suing for defamation
16
Q
Principles of the Australian legal system
A
- all individuals are equal before the law
- all individuals have the right to a fair hearing
- the judiciary (court system) is impartial and independent
- individuals have the right to a reasonable appeal
17
Q
All individuals are equal before the law
A
- regardless of race, ethnic background, sex, income level or mental capacity
- EQUAL by police, court personnel and other legal authority
18
Q
All individuals have the right to a fair hearing
A
- if questioned by the police;
you have the right to: - remain silent
- only give name and address
- be warned prior to questioning
- an interpreter
- a parent or guardian (if under 18)
19
Q
The judiciary (court system) is impartial and independent
A
The right to:
- a presumption of innocence
- innocent unless proven guilty
- prosecutions role is to “prove guilty beyond reasonable doubt (burden of proof)
- bail before a hearing, unless the case is of a dangerous nature (rape, murder)
20
Q
Individuals have the right to reasonable appeal
A
- if dissatisfied with the outcome of the case, the right to an appeal or have the case reviewed by a higher court.
(reasonable grounds for the appeal)
21
Q
Australian Constitution (where does the law come from?)
A
- under the constitution, the federal government has the ability to make the laws for all Australians
22
Q
Victorian Legislation (where does the law come from?)
A
- consists of laws made by the state parliament of Victoria (parliament house)
23
Q
Federal Legislation (where does the law come from?)
A
- consists of laws made by the federal parliament of Canberra (ACT)
24
Q
Common Law (where does the law come from?)
A
- laws developed by judges as they decide cases
- judges referring to other judges previous decisions
25
Criminal Law
regulates behaviour between an individual and the community
26
Summary offences
- criminal law
minor offences heard by a magistrate
27
Indictable offences
- criminal law
serious offences that are heard before a judge or jury (county, supreme)
28
Defendent
- criminal law
a person charged with a criminal offence in court
29
Accused
- criminal law
the term used to refer to a defendant in the county or supreme court
30
Purpose: Criminal Law
to regulate the behaviour of individuals in the community
31
Definition: Criminal Law
laws concerned not only with the rights of individuals directly involved but also with the welfare of society as a whole.
32
Who takes action?: Criminal Law
the Director of Public Prosecutions (acting for the community)
33
Nature of Action: Criminal Law
prosecute
34
Standard of proof required: Criminal Law
beyond reasonable doubt
35
Procedure used to bring the case to court: Criminal Law
police investigation - if the case concerns an indictable offence, a committal hearing is also conducted
36
Court procedures: Criminal Law
where the accused pleads not guilty, a trial before a judge and jury of 12
37
Decision: Criminal Law
verdict of guilty or not guilty
38
Outcomes: Criminal Law
if the accused is found guilty, a sanction is imposed
39
Parties involved: Criminal Law
- prosecution
- accused
40
Civil Law
- regulating the behaviour between two individuals
41
Plaintiff
- civil law
- the person or organisation who is bringing the case to court
42
Defendent
- civil law
- the person or organisation who is disputing the claims made by the plaintiff
43
Balance of Probability: CIVIL
- civil law
- the court will determine whether a person's rights have been infringed
44
Purpose: Civil law
- to recognise that the rights of an individual have been infringed and to restore the injured party to their original position.
45
Definition: Civil law
- laws regulating the behaviour of private individuals
46
Who takes action?: Civil law
- the person who's rights have been infringed - known as the plaintiff
47
Nature of the action: Civil law
- Sue
48
Standard of Proof: Civil law
- on the balance of probability
49
Procedure to take the case to court: Civil law
- exchange of pre-trial documents; an out-of-court settlement
50
Court Procedures: Civil law
- a trial before a judge sitting alone or a judge with an optional jury of six
51
Decision: Civil law
- liable or not liable
52
Outcomes: Civil law
- if the defendant is found liable, a remedy is awarded to the plaintiff
53
Parties involved: Civil law
- plaintiff
- defendant
54
Distinguishing Response
- a point of difference between criminal and civil law is the procedures used to take the case to court. In a criminal case; a Police Investigation is conducted, and if the case concerns an indictable offence, a committal hearing is also conducted. Whereas in a civil case; there is an exchange of pre-trial documents or an "out-of-court settlement".
55
Court Hierarchy Definition
- refers to the ranking of courts according to the seriousness and complexity of the case.
- courts at different levels have different power to decide on cases, (court jurisdiction)
56
Koori Court
- giving Koori peoples the opportunity to speak to elders and have their voices fairly heard and helped.
57
Magistrates Court
- in criminal matters, this court deals with minor or summary offences.
- traffic offences, property damage or offensive behaviour
58
County Court
- more serious criminal matters
- culpable drivers, causing death
- armed robbery
59
Supreme Court
- to hear the most serious criminal cases
- murder, attempted murder, manslaughter
60
High Court
- cases that require the interpretation of the Australian Federal Constitution
61
Remedy
- the outcome of a civil case, aimed at restoring the injured party to their original position
