Law AT2 Flashcards

Question

High Court of Australia

Answer 1

Located in Canberra - Highest court in Australia - Decisions based on the Constitution and any issues arising between the states and the Commonwealth - It also hears appeals from the Supreme Courts and Federal Courts around Australia

Answer 2

12 citizens (sometimes 15 are called and final 12 make deliberations) Judge decides evidence and instructs jury on what has to be proved. Judge will explain to jury the elements of case that need to be proven and jury decide whether these are proven Judge can explain what reasonable doubt means Jury then deliberate and decide innocence or guilt.

Answer 3

-Each parliament has a Constitution, which is a document that outlines the powers of parliament and any restrictions to its law-making authority. - Federal Parliament in Canberra makes laws on issues that affect the whole country.

Answer 4

Laws created by parliament have the highest status and must be obeyed by all people. - Parliament makes most of the laws, can change laws and can pass an Act to overcome the effects of precedent. - Statute law will always succeed over common law. The only court that can change this is the High Court- but only if it is unconstitutional. - Laws made by parliament are also called Acts, statutes and legislation. - Statute law involves parliament passing a bill, which is a proposed law or a change to an existing law.

Answer 5

A bill is a draft proposal to introduce a new law or amend an existing law that is presented to a House of Parliament. - The bill must pass through both houses, where it is discussed and voted on. - It must then be approved by the Executive Council and the Governor- General (Federal), or Governor (State) who then signs the bill (Royal Assent). - The bill then becomes an Act of Parliament (legislation).

Answer 6

To be found guilty in a criminal matter, the prosecution must prove that the accused is guilty beyond reasonable doubt.

Answer 7

Judges and magistrates preside over court cases and are legally qualified professionals Judges sit in intermediate and superior courts (e.g. District and Supreme Courts in NSW) and usually decides the outcome (verdict) of cases and may sit without a jury A magistrate is less formal and sits in the lower courts and their role is to determine cases (reach a verdict). The magistrate must also issue rulings and sentences.

Answer 8

The prosecution represents the community and in trials are referred to as the Crown. In most criminal trials the Director of Public Prosecutions (DPP) conducts the prosecution. When a criminal matter is heard in the Local Court, the prosecution is usually conducted by a specially trained police officer known as a Police Prosecutor. The defendant is the accused person; in most trials they will be represented by their barrister, although some people may choose to represent themselves.

Answer 9

Are both lawyers in a courtroom but have different roles. A solicitor is usually the first person that someone who is seeking legal advice will approach. Most cases their work is non-litigious (no court). Barrister approached by solicitor on behalf of a client, represents the client in court. The barrister has two main functions: * to provide legal advice to their client (e.g. the likely outcome of a case) * to present their client’s case in the court (if the barrister has been briefed by a solicitor)

Answer 10

Changes to community-based sentencing in NSW took effect in September 2018 and there are now three orders available to the courts. These are: * Intensive correction orders (ICOs), the most serious conditions after prison. Supervision by community corrections officers and compliance with at least one other condition such as electronic monitoring. Available for offenders sentenced to up to two years in prison for a single offence, or up to three years for multiple offences * Community correction orders (CCOs), which can be imposed for up to three years. The courts can include conditions such as curfews, community service work and drug and alcohol bans * Conditional release orders (CROs), which can be imposed for up to two years. These are for less serious crimes and can impose them with or without recording a conviction against the offender. Conditions can include supervision and restrictions from participating in programs.

Answer 11

Maximum penalties - Most severe punishment for a crime committed possible e.g. for murder it would be life imprisonment Mandatory sentences - Set sentence by NSW parliament that judges must impose. Two in NSW: Killing a police officer - mandatory life sentence; assault causing death - mandatory minimum sentence of 8 years in prison Non-parole periods - Minimum prison term an offender will serve before being eligible to be released on parole. Some offence have a set (called a ‘standard’) non-parole period the judge or magistrate has to impose if the offender is found guilty

Answer 12

Mediation is where the people (parties) involved in a dispute meet with a neutral third party — a mediator — who helps them to negotiate an agreement. ● This is normally some form of compromise. ● The main advantage of mediation is that both parties feel that they have achieved something for themselves. Conciliation is very similar to mediation except that the conciliator is usually much more interventionist; that is, they will offer their opinions and views. ● Conciliation is quite common in industrial disputes

Answer 13

Arbitration is a method of resolving disputes whereby an impartial third party decides on a settlement arrangement that is then binding on the parties to the dispute. ● However, if the parties cannot reach an agreement, the arbitrator decides for them. ● The arbitrator’s decision is binding, which means that both parties must accept the decision and carry out any actions stipulated in that decision.

Answer 14

Restorative justice allows the victim and the offender to discuss the situation, usually face to face. ● Other people who may be asked to attend the conference include police informants, community representatives, school teachers and sport coaches.

Answer 15

Warnings are for a person under the age of 18 commits a criminal offence, such as offensive conduct or carrying an offensive implement, they may be dealt with by a police officer issuing a warning. (no criminal record) ● Formal Cautions may be given to a child by a senior police officer or a respected member of the community such as an Aboriginal elder. ● Community conferencing is viewed as being more severe than a caution, but not as severe as a court appearance. A child must first admit to an offence before being eligible for conferencing or a caution. (no criminal record)

Answer 16

Customary law refers to the guidelines for behaviour that have been developed by Aboriginal and Torres Strait Islander peoples which originated in the Dreaming. These laws are passed on by word of mouth and have not been written down. ● They believe that they do not own the land — the land owns them, so it is their responsibility to take care of it. The stories, songs and dances told in the Dreaming reveal the many ways in which First Nations Australians are connected to the land. Songs and dances were also used to pass down customary law.

Answer 17

ATSI: ● Disputes were resolved by the Elders, agreed on an appropriate solution or consequence.

Answer 18

Circle sentencing is a scheme operating in New South Wales that tries to avoid imprisonment for Aboriginal offenders

Answer 19

UN Convention on the Rights of the Child (1989) Four key principles: 1. EVERY CHILD, EVERYWHERE: Children should neither benefit nor suffer because of their race, colour, etc. 2. THE BEST INTERESTS OF THE CHILD: Laws and actions should be in best interest of child 3. SURVIVAL, DEVELOPMENT AND PROTECTION: The authorities must protect children and ensure their development 4. A VOICE: Children have a right to have their say in their decisions

Answer 20

House of reps: Senate: 1st Reading 1st Reading 2nd Reading 2nd Reading HouseComitee Senatecomitee Consideration in detail Committee of whole 3rd Reading 3rd Reading Bill Passed Bill Passed Royal Assent - The Governor-General signs the bill Bill becomes an act of Parliament

Law AT2 Flashcards

(44 cards)