Law in Action

Question 1

doli incapax

Answer 1

child who isn’t capable of understanding

Question 2

6 punishments

Answer 2

rehabilitation
incapacitation
retribution
deterrence
general
specific

Question 3

rehabilitation

Answer 3

trying to fix cause rather than end result

Question 4

incapacitation

Answer 4

letting person not do things, similar to jail

Question 5

retribution

Answer 5

punishment should hurt and be bad enough to reflect what society believes has been done wrong

Question 6

deterrence

Answer 6

making punishment harsh enough that they won’t do it again

Question 7

general

Answer 7

trying to ensure that other people in community won’t do it, general law/punishment
e.g. death sentence

Question 8

specific

Answer 8

they won’t do it again
specific to person

Question 9

warning

Answer 9

given by police when alleged offence is not serious

Question 10

cautions

Answer 10

more serious than warnings
happens at police station

Question 11

judge

Answer 11

ensures rulings and procedures are followed
oversees procedural fairness and sentences perpetrators
sometimes determine facts

Question 12

witness

Answer 12

person who has seen or heard something relevant to the case

Question 13

prosecutor

Answer 13

decides what evidence is necessary to convince court that offence has been commited beyond reasonable doubt

Question 14

magistrate

Answer 14

judge in local court
always determine guilt or innocence

Question 15

accused

Answer 15

person who is accused of crime

Question 16

plaintiff

Answer 16

prosecutor in civil case
brings claims for damages

Question 17

respondent

Answer 17

accused in civil case
respond to claims for money

Question 18

appellent

Answer 18

party who disagrees with decision appealing to higher court

Question 19

expert witness

Answer 19

witness with experience in field of crime

Question 20

jury

Answer 20

group of 6 to 12 people who determine facts

Question 21

negligence

Answer 21

when someone has not taken reasonable care

Question 22

common law action

Answer 22

australia never defined or made a law about it

Question 23

duty of care

Answer 23

responsibility to make sure that they and other poeple are safe in workplace

Question 24

breach

Answer 24

when person’s conduct fails to meet applicable standard of care

Question 25

causation

Answer 25

plaintiff shows that breach in duty of care was cause of injury and losses

Question 26

harm

Answer 26

what came out of breach in duty of care must not be far fetched of fanciful

Question 27

4 parts of negligence

Answer 27

duty of care breach causation harm

Question 28

damages

Answer 28

civil cases money's payment (fine)

Question 29

4 types of damages

Answer 29

restitution future economic loss punitive non-economic loss

Question 30

restitution

Answer 30

restores person as though accident didn't happen

Question 31

future economic loss

Answer 31

amount which person would have received in lifetime is calculated and paid by respondent

Question 32

punitive

Answer 32

damages to deter others and punish someone

Question 33

non-economic loss

Answer 33

monetary compensation for non-money things

Question 34

proof in civil cases

Answer 34

balance of probability above 50%

Question 35

proof in criminal cases

Answer 35

beyond reasonable doubt

Question 36

parts of contract

Answer 36

offer acceptance consideration

Question 37

offer

Answer 37

invitation to enter into contract on certain terms

Question 38

acceptance

Answer 38

compliance with terms of offer made by another person

Question 39

consideration

Answer 39

promise, performance or forebearance bargained by promisor in exchange for promise

Question 40

capacity

Answer 40

do they know enough about legal world to enter into contract

Question 41

verbal contract

Answer 41

established through words rather than written and documented

Question 42

if person is under 10

Answer 42

no criminal charge ever

Question 43

crime needs

Answer 43

guilty act and guilty mind

Question 44

groups in warnings

Answer 44

suggest planning/premeditation

Question 45

eligibility for cautions

Answer 45

determined by type, nature and seriousness of offence alagations

Question 46

decision on whether to give caution

Answer 46

police decide if it is in interest of justice

Question 47

maximum number of cautions

Answer 47

3

Question 48

if child does not appear for official caution

Answer 48

police can institute criminal proceedings

Question 49

recommended age of criminal responsibility

Answer 49

14

Question 50

how many court cases are juries used in

Answer 50

3-4% of cases local courts don't have jury

Question 51

delay in assembling jury

Answer 51

accused person being in jail for months without trial

Question 52

innocent inmates in NSW

Answer 52

10 000 inmates 4000 innocent

Question 53

6 advantages of jury

Answer 53

represent community values keep judges accountable will judge peers fairly ensure confidence in justice system good for rights to be upheld have educational value and experience of being on jury shows real nature of system

Question 54

disadvantages of jury

Answer 54

slow don't know law make mistakes have prejudices don't understand legal process

Question 55

civil case

Answer 55

civil action brought by plaintiff against repondent

Question 56

contracts must have

Answer 56

intention to create legal relations

Question 57

requirement to enter contract

Answer 57

only people in conscious state of mind can enter contracts

Question 58

if offer is made and not accepted

Answer 58

contracts is not created or legally binding

Question 59

backing out of contract

Answer 59

if it results in loss of money compensation is necessary

Question 60

why do courts step in

Answer 60

to ensure fair outcomes

Question 61

if lying in advertisement

Answer 61

must be outrageous customers fault for believing them