Legal exam Flashcards
(22 cards)
What is the Magna Carta?
Lords, who were unhappy with the King of England’s actions, created the Magna Carta over 500 years ago. They were mad about his abuse of their wealth by charging them a lot through their taxes.
The Magna Carta became the fundamental principal of English justice.
It helped form out Australian legal system.
How are statutory laws made?
- Cabinet considers a proposed law: decided whether or not to proceed, government lawyer write a bill
- First reading – house of reps: explanation and copy of the bill shared
- Second reading – house of reps: debate bill, voted on, if majority yes, passed on
- Committee review – house of reps: adjustments made, if needed
- Reading and review – senate: reads twice. Reject, accept with changes or approve it
- Third reading – house of reps: debate and/or approval.
- Executive council approval: if approved, given the rubber stamp and becomes an act of parliament, a law.
How are common laws made?
- Developed through courts
- Only created when a case is brought before a superior court
- Developed through the reasons for decisions of court
The reasons for the decision of the court has a Latin name of ratio decidendi
What is civil law?
- Between two or more individuals
- Actions involve an infringement of rights e.g. negligence, trespass, nuisance, or break of contract
- Successful civil action ends in the restoring of the plaintiff’s rights, damage being paid or other civil remedy
- Parties – plaintiff (harmed party) and defendant (allegedly caused the harm)
- Resolved in three ways – courts, tribunals or ADR
What is criminal law?
- Between the state and an individual
- Actions are against the law or are harmful to society
- Parties – prosecution, accuses, victim, witnesses
What is the difference between murder and manslaughter?
Murder is having the intention to kill.
Manslaughter is not having the intention to kill but it ends up happening.
What is the role of a judge?
The role of the judge is to decide which evidence is admissible and inadmissible.
What is the role of the jury?
The role of the jury is to consider all the evidence put forward and listen to what the two legal teams and witnesses say and make a non biased decision.
What are the two parts of a criminal case that are investigated?
The act and intent.
What is the significance of the act and intent?
The intent can change the meaning of the act from murder to manslaughter.
What is the Court Hierarchy order?
Magistrate Court – County or District Court - Supreme Court – Court of Appeal – Federal Court – High Court
What is the adversarial system?
A court system that is set out like a game of footy. Judge is neutral through this system.
What are the advantages of the adversarial system?
This system makes sure everyone is heard and has their side of the story shared before a decision is made.
What are the disadvantages of the adversarial system?
This system usually favors those with more money and can afford the best legal defense. Those with less money then have a problem with accessing fair justice, as it is not equally available.
What is another court system?
The inquisitorial system. In this system the judge has more of an input.
What does ADR stand for?
Alternative Dispute Resolution.
Name and explain the 3 types of ADR.
Mediation: an outside party tries to help two disputing parties, to help them find common ground. The mediator makes sure each side has a fair chance and has had their say.
Conciliation: a third party that is an expert in the field of the dispute gives each party expert advise to come to an agreement.
Arbitration: a third party makes a decision that both sides have
What does the ADR help?
Saves time, money and stress.
What are the strengths of jail terms as punishment?
- Keeps criminals out of society
- Can sometimes turn people away from committing crimes
What are the disadvantages of jail terms as punishment?
- Jail doesn’t do what its supposed to do or it doesn’t do it well. Either way it costs a lot of money
- Jail isn’t necessarily making people not want to be there, as newer prisons are looking and feeling too comfortable
- Sometimes creating a safer environment for them compared to what they have outside of prison, which is then making the prisoners commit another offence to send themselves back to a ‘safer place’.
What are some alternatives to jail terms as punishment?
- Scare tactics
- Mental support
- Mental/rehab facilities
- Community service
- House arrest
- Ankle bracelets
“Are tougher sentences and longer jail terms the most effective way to reduce crime rates?” … explain.
They can be.
Yes: they put the criminals away so they don’t keep committing crimes.
No: some jail provide a “safer environment” for criminals, so they will keep committing crimes to stay in jail in a “safer environment”.
