Public Law Flashcards

1
Q

public laws are…

A

→ laws based on societal norms
→ set the general standards of behaviour expected by a society
→ between the individual and society

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2
Q

public laws include…

A

→ criminal law
→ administrative law
→ constitutional law

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3
Q

crime and criminal law

A
  • crime can be defined as any act or omission of duty resulting in harm to society that is punishable by the state
  • created by moral and ethical judgements placed on a persons behaviour by society
  • all of society is the victim, not just the person who has had wrong done to them
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4
Q

symbolism in criminal cases

A

The R is reference to the monarch (regina-queen or rex-king) and the Blaue is the accused

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5
Q

indictable offences

A
  • Indictable offences are those that society considers being very serious such as murder or sexual assault
    → more steps in the legal process
    → trial with a judge and jury will occur
    → brought on a charge called an indictment
    → the penalty for an indictable offence can be life in prison
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6
Q

summary offences

A
  • Summary offences are less serious offences
    → these cases are heard by a magistrate in a local court without a jury
    → brought on a charge called a summons and carry penalties of no greater than two years prison
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7
Q

offences against the person

A

→ crimes against the person are acts or omissions which harm other people
→ they include murder, assault and sexual assault

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8
Q

offences against a sovereign

A

→ these are acts or omissions which aim to disrupt or harm the governing bodies of a country
→ they include spying, treason and sedition

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9
Q

three economic offences

A

→ crimes against property: acts or omissions that damage or remove other people’s property e.g. larceny and theft and break and enter
→ white-collar crimes: crimes against property carried out by people working in the business world who commit crimes related to money e.g. embezzlement and tax evasion
→ computer crimes: crimes that are committed using computers and internet technology e.g. identity theft

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10
Q

drug offences

A

→ include possession of illegal drugs, trafficking, cultivation, manufacture and importation of illegal drugs

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11
Q

driving offences

A

→ most driving offences are summary offences such as speeding or not wearing a seatbelt
→ driving offences may be more serious e.g. negligent driving and reckless driving

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12
Q

public order offences

A

→ acts that occur in a public place and are seen as offensive or disruptive to the general population
→ examples include offensive conduct and indecent exposure

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13
Q

preliminary crimes

A

→ to commit a preliminary crime is to try to commit an act or omission or plan to do so
→ the two main types of preliminary crimes are conspiracy and attempt

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14
Q

administrative law

A
  • relate to the operation of the government and it’s various departments
  • executive body has the job of applying the power granted to them by the Parliament and use the law to make administrative decisions
  • is in action when a minister of a specific department makes those administrative decisions
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15
Q

constitutional law

A

The Australian Constitution deals mostly with
→ division of power between Federal and State governments
→ separation of power between the Parliament (legislative arm) and the High Court (judicial arm) and the Commonwealth Executive Council (executive arm)
- The High Court deals with all matters relating to the constitution

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