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Flashcards in Unit 1 Exam Deck (44)
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1

Legal Rules

Laws that apply to all individuals in society

2

Non Legal Rules

Laws that apply to a specific group or individuals

3

Criminal Law

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

4

Burden of Proof

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

5

Standard Of Proof

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

6

Original Jurisdiction

Cases a court can hear for the first time

7

Men rea

A guilty mind

8

Actus reus

A guilty act

9

Presumption of innocence

Innocent until proven guilty in a court of law

10

Age of Criminal Responsibilty

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

11

Stages Of Royal Assent

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

12

Bicameral

The 2 house system. The lower house and Upper house

13

2 Police Powers

Name and address
Random Breathe test

14

Stages Of Proclamation

The act will be entered or proclaimed into the government gazette

15

Structure Of Victorian Parliament

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

16

Cabinet

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

17

Two Characteristic of an effective law

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.

18

Role of Lower house

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

19

Role of Upper House

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

20

Crimes against a person

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

21

Crimes against Property

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

22

Summary offence

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

23

Indictable Offence Heard Summarily

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

24

Indictable Offences

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

25

Appeal & 3 grounds for a criminal trial

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

26

Difference between Government Parliament

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

27

2 Individual rights

Right to silence
Lawyer

28

3 Roles of A Jury

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

29

Manslaughter

Unlawful killing of another person without malice aforethought

30

Murder

The killing of another human being with malice aforethought