Unit 1 Exam

Question 1

Legal Rules

Answer 1

Laws that apply to all individuals in society

Question 2

Non Legal Rules

Answer 2

Laws that apply to a specific group or individuals

Question 3

Criminal Law

Answer 3

An offence against the community and state, that is punishable by law

Question 4

Burden of Proof

Answer 4

In criminal cases is with the prosecution and with the plaintiff in civil cases. It is who must prove the case

Question 5

Standard Of Proof

Answer 5

In criminal beyond reasonable doubt and civil cases on the balance of probabilities

Question 6

Original Jurisdiction

Answer 6

Cases a court can hear for the first time

Question 7

Men rea

Answer 7

A guilty mind

Question 8

Actus reus

Answer 8

A guilty act

Question 9

Presumption of innocence

Answer 9

Innocent until proven guilty in a court of law

Question 10

Age of Criminal Responsibilty

Answer 10

10, They need to know the difference between right and wrong. Mens Rea must be proven

Question 11

Stages Of Royal Assent

Answer 11

Governor Or Governor general giving consent to a bill on behalf of the queen.

Question 12

Bicameral

Answer 12

The 2 house system. The lower house and Upper house

Question 13

2 Police Powers

Answer 13

Name and address

Random Breathe test

Question 14

Stages Of Proclamation

Answer 14

The act will be entered or proclaimed into the government gazette

Question 15

Structure Of Victorian Parliament

Answer 15

Lower House- Legislative Assembly
Upper House- legislative Council
Queens Representative- Governor

Question 16

Cabinet

Answer 16

made up of senior government ministers and the Prime Minister or Premier and the law making policy of parliament.

Question 17

Two Characteristic of an effective law

Answer 17

Enforcement – If a law is not enforced with appropriate sanctions it will fail to operate effectively
Public awareness – the public must be fully aware of laws that affect them. The public must also understand and accept the law.

Question 18

Role of Lower house

Answer 18

Determine government
Controls Government spending
Makes law
Provide for representative and responsible government

Question 19

Role of Upper House

Answer 19

Review legislation from the lower house
Gives equal representation to states/people within a state
Makes law
Provide for representative and responsible government

Question 20

Crimes against a person

Answer 20

Is when one person or group of people inflict on another person or group
Murder
Manslaughter

Question 21

Crimes against Property

Answer 21

Is Taking of property or denying another person of their property.
Theft
burglary

Question 22

Summary offence

Answer 22

These offences are not as serious as indictable offences, those charged have no right to trial by judge or jury.
Heard in Magistrates court
Traffic offenders & Assaults

Question 23

Indictable Offence Heard Summarily

Answer 23

Some indictable offences can be heard summarily in the magistrates court. Theft under 100,000 and minor assualts

Question 24

Indictable Offences

Answer 24

Serious offences heard and determined by judge and jury in the county court or supreme court.
Murder & Rape

Question 25

Appeal & 3 grounds for a criminal trial

Answer 25

An application by the party to a legal case to have a matter reheard in a higher court All parties to a dispute have the right to appeal. Appeals must be based on — Appeals against conviction — Appeals against sentence – leniency or harshness — On a point of law

Question 26

Difference between Government Parliament

Answer 26

Parliament is all those elected and government is formed by the party that has a majority in the lower house.

Question 27

2 Individual rights

Answer 27

Right to silence | Lawyer

Question 28

3 Roles of A Jury

Answer 28

To listen to the evidence presented in a criminal case To decide if the accused is guilty or not guilty Acquit the accused if ordered by a judge

Question 29

Manslaughter

Answer 29

Unlawful killing of another person without malice aforethought

Question 30

Murder

Answer 30

The killing of another human being with malice aforethought

Question 31

Jurisdiction of a Supreme court

Answer 31

Most serious indictable offences such as murder | a jury of 12 empanelled if the accused pleads not guilty

Question 32

Self defense

Answer 32

When your life is in danger you can kill the other in self defence

Question 33

Necessity

Answer 33

The act of killing or injuring another to save another life

Question 34

Duress

Answer 34

The defense of committing a crime when under threat

Question 35

Sanction | 2 Examples

Answer 35

A punishment given by the magistrates or judge in a criminal case. Protection of society Rehabilitation

Question 36

Remand

Answer 36

Detention of a person in a legal custody until their trial

Question 37

Parole

Answer 37

Release of a prisoner under the supervision if a Parole officer with conditions attached.

Question 38

4 Reason why A Court Hierarchy is required

Answer 38

Appeal Specialisation of judge Precedent Administrative convenience

Question 39

Role of The Jury

Answer 39

To listen to the evidence in a criminal case and find the accused guilty or not guilty based upon the evidence given.

Question 40

3 Strengths Of a Jury

Answer 40

1: Juries decision reflects the views of the community as those on the jury are ordinary people. 2: Desicion making is spread across 12 people. The jury is made up of 12 members 3: Juries provide a trial that is free from political interference- politics don't get involved.

Question 41

3 weaknesses Of Jury

Answer 41

1: They're expensive 2: Juries may make the wrong decison as they have no legal knowledge. 3: Jury doesn't have to give their reason as they might be bias.

Question 42

3 Strength Of Imprisonment

Answer 42

1: Keeps them away from society 2: Stops them from repetition of crime 3: Rehabilitates them

Question 43

3 Weakness Of Imprisonment

Answer 43

1: Expensive 2: A chance a person is innocent and you're taking their liberty away 3: They may not rehabilitate and therefore being released into the community without any rehab and may continue to re offend.

Question 44

Pre-Trial procedure of a committal Hearing

Answer 44

During this procedure the crown must present evidence in relation to the case such as statements of witness and list of exhibits The defendant must b given copies of the written evidence prior to the hearing. At conclusion of the hearing the magistrates must decide if a prima facie case exists, that is, is there sufficient evidence to support a conviction by a jury at trial.