PPP114 Flashcards
114 review (93 cards)
what is Terra Nullius
Land belonging to no one
what is Common Law
Made by judges, is the unwritten law and is based on the doctrine of precedent
what is Statute Law
Law that is made by parliament, both state and federal. “Statutes” are also known as Acts Of Parliament. Signing of the magna carter, also has section numbers and titles unlike common law
what is Civil Law
Private parties involved, debt collection, property dispute, will divorces etc
What is Criminal Law
Offences against the state, stealing, murder, assault
When was the first police officer killed and his name
C/st Joseph Luker, murdered in 1803
What was the first police force called in NSW, what date and appointed by whom
Convict night watch, appointed by Governor Phillip in 1789
What is Deviance
A non-conformity to a given norm
What are the four arms of the NSW criminal justice system
The law makers, the law enforcers, adjudicators and corrections
who are the law makers in NSW
Legislative assembly (lower house) and Legislative counsel (upper house)
why do we have separation of powers
To make sure that the arms operate independently so that there is no abuse of power
What are the separation of powers
The legislature (makes the law), the Executive (enforces the law) and the judiciary (applies the law)
What are the aims of law makers
set standards of behaviour, communicate standards, clarify ambiguities, guide the rest of the system
what are the aims of law enforcers
prevention of crime, detection of offences, bringing offenders to justice, maintaining public peace, protect the rights of individuals, enforce law
What are the statements of values
(a) Places integrity above all,
(b) upholds the rule of law,
(c) preserves the rights and freedoms of individuals,
(d) seeks to improve the quality of life by community involvement in policing,
(e) strives for citizen and police personal satisfaction,
(f) capitalises on the wealth of human resources,
(g) makes efficient and economical use of public resources, and
(h) ensures that authority is exercised responsibly.
What is Original Authority
Original authority provides us with the ability to make our own decisions. However, the power has been delegated to us by the community (people of NSW) on the understanding that we remain accountable for our actions.
What is the link between Original Authority, Discretion and Accountability
Original authority is based around the officer using their discretion in any situation and being accountable for any action or inactions taken
What is Actus Reus
The physical act of crime
What is Mens Rea
The guilty mind
What is Prima Facie
When there is a case to answer, the prosecution gives all the evidence and the judge will decide on prima facie, if the court is satisfied with the proof the defence can proceed
What is an Inquisitorial System
A system where the judge or magistrate decides what evidence goes, the judge or magistrate makes a decision
What is an Adversarial System
A system where the judge is impartial, two sides try and present their case (the prosecution and the defence). The judge will come do a decision based on facts and evidence heard
What is Supreme Court
The highest court in NSW, deals with serious civil and criminal cases, consists of a panel of justices (the bench)
What is a Summary Offence
An offence that is heard and determined by a magistrate, there is no provision for trial by jury