task 3- year 9 Flashcards
(21 cards)
Legal capacity
the ability of a person to do something. A person’s age (and mental status) can affect her or his capacity
For example, the law treats a a person under 18 years of age, a minor, differently from an adult, a person aged 18 years or over. However, there are some rights you may gain before you turn 18.
Criminal law
Criminal law deals with how people should behave; that is, what they can and cannot do.
Criminal law deals with offences such as armed robbery, murder, drink driving, fraud, rape, shoplifting and not paying train fares.
Civil law
Civil law deals with non-criminal matters involving disputes between individuals and organisations.
accused
charged with an alleged criminal offence. Children under 10 are not seen as mature enough to commit criminal offences.
witness
A witness is a person who gives evidence in court. Witnesses must swear an oath: a promise to tell the truth.
victim
A victim is a person who is injured or killed by another person in an act of violence. A young person can be a victim of a criminal offence at any age.
guilty act (actus reus)
This means that the accused actually committed the offence and did not just think about doing it.
guilty mind (mens rea)
This means that a person must have intended to commit the crime.
capital punishment
where an offender is put to death
seeking damages
successfully proven in court, the plaintiff will ask for money as compensation
contract
a legally binding agreement. A person under 18 can legally enter into a contract to purchase essential goods and services that are necessary to support him or her
Guarantor
helping someone else get credit, such as a loan or mortgage. Acting as a guarantor, you “guarantee” someone else’s loan or mortgage by promising to repay the debt if they can’t afford to.
negligence
occurs when a person or an organisation fails to exercise reasonable care and causes damage to another person.
mediation
where the people (parties) involved in a dispute meet with a neutral third party — a mediator — who helps them to negotiate an agreement
Conciliation
they will offer their opinions and views. Conciliation is quite common in industrial disputes
Arbitration
similar to mediation in that a third person assists the parties to reach their own solution. However, if the parties cannot reach an agreement, the arbitrator decides for them. The arbitrator’s decision is binding, which means that both parties must accept the decision and carry out any actions stipulated in that decision.
Customary law
refers to the guidelines for behaviour that have been developed by Aboriginal and Torres Strait Islander peoples. These laws are passed on by word of mouth and have not been written down.
rights and responsibilities of individuals
In Australia, the only rights that are guaranteed by the Constitution are the rights to:
- Vote
- freedom of religion
- freedom of movement
- own property
- trial by jury
- a fair trial.
Dispute resolution outside of the courts
in Australia, a number of alternative methods for resolving civil disputes are available, rather than going to court. These include mediation, conciliation and arbitration. In criminal matters — particularly when dealing with young people — police may use warnings, formal cautions, community conferencing, circle sentencing or the courts.
the advantages of resolving disputes without proceeding to the court system in civil matters:
- the system is generally cheaper and
quicker than going to court - it may create goodwill between the
parties - it is more flexible, thus better able to
meet the parties’ individual needs.
the disadvantages of resolving disputes without proceeding to the court system in civil matters:
- people may opt for mediation
because they cannot afford to go to
court - it may lead to people surrendering
their legal rights.
