legal Flashcards
(19 cards)
What is the difference between rules and laws?
Rules are guidelines set by organizations, while laws are formal regulations enforced by the state.
Rules are often flexible and can be changed easily, whereas laws require a formal legislative process to be amended.
What is the purpose of laws?
To maintain social cohesion and protect community and individual rights.
Social cohesion refers to the bonds that bring society together, ensuring stability and order.
How is a bill proposed in Parliament?
A bill is proposed through a formal process that includes drafting, debate, and voting in Parliament.
An example is the voluntary assisted dying bill in Victoria.
What are the main criminal law processes?
Definition of crime, culpable driving, and legal principles of standard and burden of proof.
Standard of proof refers to the level of certainty required to convict someone in a criminal trial.
What are sanctions in criminal law?
Penalties imposed on individuals found guilty of crimes, serving various purposes.
Purposes include deterrence, rehabilitation, and punishment.
What are driving crimes?
Crimes involving vehicles, including dangerous driving and culpable driving.
Culpable driving often results in severe legal consequences, especially if it leads to death.
What is the difference between civil and criminal law?
Civil law deals with disputes between individuals, while criminal law involves prosecution by the state for offenses against society.
Civil law cases often focus on compensation, whereas criminal law focuses on punishment.
What is negligence law?
A branch of civil law that addresses harm caused by failure to act as a reasonably prudent person would.
It requires proof of duty of care, breach, and causation to succeed in a claim.
What does consumer law address?
Consumer law protects the rights of consumers and regulates the conduct of businesses.
The Competition and Consumer Act 2010 is a key piece of legislation in this area.
What is defamation law?
A branch of civil law that protects individuals from false statements that can harm their reputation.
It includes concepts of libel (written) and slander (spoken).
Fill in the blank: The purpose of laws includes _______.
social cohesion
True or False: Laws can be easily changed compared to rules.
False
Outline the three main courts in the Victorian court hierarchy.
- Supreme Court
- County Court
- Magistrates’ Court
What are the three purposes of sanctions under criminal law?
- Deterrence
- Rehabilitation
- Punishment
Explain the difference between culpable driving causing death and dangerous driving causing death.
Culpable driving involves negligence or recklessness leading to death, while dangerous driving refers to driving in a manner that poses a threat to safety.
Culpable driving is often treated more severely in legal contexts.
What are the three principles that must be proven in court for negligence?
- Duty of care
- Breach of duty
- Causation
Explain the criminal processes of bail, remand, parole, and non-parole.
- Bail: Temporary release before trial
- Remand: Holding in custody before trial
- Parole: Early release from prison under supervision
- Non-parole: Period during which the offender cannot be released
How does consumer law provide consumer rights?
Through regulations that ensure fair trading and protection against unfair practices.
The Competition and Consumer Act 2010 outlines specific rights for consumers.
What is a bill?
A proposal for new legislation or an amendment to existing laws.
The process for a bill to become law includes several stages, including debates and votes in Parliament.
