long arm of the law

Question 1

legal rules (LAWS)

Answer 1

• these permit, modify, or prohibit the activities of all people in the community

Question 2

non- legal rules (RULES)

Answer 2

• these determine what behaviour is unacceptable in particular groups or institutions

Question 3

difference between laws and rules

Answer 3

• who has to follow them
• how they are enforced

Question 4

rules

Answer 4

• only binding on or followed by those who made them and/or voluntarily submitted to them (joined the club, attended that school), they are enforced by the organisation who made them

Question 5

laws

Answer 5

• binding on or followed by everyone in the community
• enforced by the state, through government officials, police, & courts

Question 6

criminal laws

Answer 6

• concerned with cases in which a person has committed an offence against the well being of the community

Question 7

criminal law offences

Answer 7

• the state, such as terrorism or sabotage
• a person, such as murder or assault
• property, such as theft or damage
• public order, such as traffic offences, tagging or abusive language

Question 8

summary offences

Answer 8

• less serious criminal offences
• usually heard in the Magistrates Court
• such as speeding, littering

Question 9

mens rea

Answer 9

• that the accused acted with a guilty mind or intention

Question 9

indictable offences

Answer 9

• serious criminal offences that are heard before a judge & jury in the County or Supreme Court
• such as armed robbery, culpable driving, rape & homicide

Question 10

actus reus

Answer 10

• that the acted committed the guilty act

Question 11

children under 10

Answer 11

• cannot be held responsible for committing a crime- it is believed they do not know the difference between right and wrong

Question 12

children aged 10-14

Answer 12

• they are presumed to not understand the consequences of their actions- up to the prosecution or police to prove they knew what they were doing was wrong

Question 13

ages 15 and up

Answer 13

• young people can be punished- sanctions, court might be different to adults

Question 14

civil law

Answer 14

• cases in which there is a dispute between private individuals

Question 15

examples of civil laws

Answer 15

• defamation; protect your reputation
• negligence; protect yourself
• trespass; protect your property

Question 16

plaintiff

Answer 16

• has had the wrong done to them

Question 17

how many jurors can criminal law cases have?

Answer 17

• 12 jurors

Question 18

supreme court

Answer 18

• hears indictable criminal offences (murder, manslaughter, terroism)
• has a jury of 12 all criminal trials
• hears civil cases where the plaintiff is seeking large amounts of money (damages)

Question 19

county court

Answer 19

• hears indictable criminal offences (assault, drug trafficking, sex offences, dangerous driving)
• hears civil cases where the plaintiff is seeking large amounts of money (over $100,00)

Question 20

magistrates court

Answer 20

• over 50 magistrates court in victoria, dealing with 90% of cases
• hears summary criminal offences (drunk & disorderly, common assault, driving offences)
• hears civil cases where the plaintiff is seeking damages up to $100,000
• never has a jury and never hears appeals

Question 21

what are damages?

Answer 21

• money for the injury/harm they have suffered

Question 22

precedent

Answer 22

• higher court makes decision that is binding on the lower courts in the same hierarchy

Question 23

rights of appeal

Answer 23

• can appeal to higher court, provides fairness and allows for mistakes to be corrected

Question 24

appeals

Answer 24

- is a request to a higher court to review a decision made by a lower court - the highest court of appeal in Australia is the high court in Canberra

Question 25

why doesnt the magistrates court hear appeals

Answer 25

- because there is no court lower than the magistrates court

Question 26

is there a risk to appealing

Answer 26

- yes because more time can be added

Question 27

special magistrates court

Answer 27

- childrens court - coroners court

Question 28

childrens court

Answer 28

- purpose is rehabilitation, not punishment - always closed to public - split into criminal and family divisions

Question 29

criminal division

Answer 29

- where defendant is 10-18 years old when the crime was committed and under 19 when trial occurs

Question 30

family division

Answer 30

- cases for children 0-17 years of age who are in need of care & protection as the child is at risk through: being ill treated or abused, being abandoned, having no one to look after them

Question 31

committal hearing

Answer 31

- heard in magistrates court, magistrates has to decide weather the accused for a serious crime should be sent to stand trial in county or supreme court, magistrates decide if there is enough evidence for a trial in higher court

Question 32

bail

Answer 32

- is the release of an accused person back into society while awaiting trial

Question 33

remand

Answer 33

- to hold a person in custody while awaiting trial

Question 34

how are laws made

Answer 34

- they are made by either the parliament or common law

Question 35

parliament

Answer 35

- democratically elected and representative bodies that make laws in the form of acts or statutes. Statutes law is made by parliament

Question 36

common law

Answer 36

- laws that come from decisions made by judges in court

Question 37

the jury

Question 38

whos on the jury

Answer 38

- made up of the general public, randomly selected from electoral roll, must be australian citizen & over 18. - need to say if they know the accused

Question 39

criminal jury

Answer 39

- each jury consists of 12 jurors

Question 40

criminal jury verdict

Answer 40

- if the jury cannot decide on a verdict a hung jury might be declared in which case the jury is discharged and a new trial may be ordered

Question 41

civil jury