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legal > UNIT 1 EXAM > Flashcards

UNIT 1 EXAM Flashcards

1
Q

state the principles of justice

A

fairness, equality, access

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2
Q

define access as a principle of justice

A

all people should be able to understand their legal rights and have the ability to pursue their case

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3
Q

define fairness as a principle of justice

A

the ability for all to understand legal processes as well as having the opportunity to present their case in a fair manner

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4
Q

define equality as a principle of justice

A

everyone should be treated equally before the law. nobody should receive any advantages or disadvantages

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5
Q

define social cohesion

A

a term used to describe the willingness of members of a society to cooperate with each other. a society that is socially cohesive results in unified individuals and gives people a sense of belonging

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6
Q

state the role of laws

A

laws provide guidelines on acceptable behaviour. they are fundamental to achieving social cohesion by establishing a framework in which people live

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7
Q

state the role of the legal system

A

the legal system is a set of methods and institutions that create and enforce laws. the legal system is responsible for helping to achieve social cohesion and applying and enforcing the law

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8
Q

state the role of individuals

A

once laws have been put in place, it is the individuals responsibility to make sure they are aware of them and follow them

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9
Q

state the characteristics of an effective law

A

laws must reflect society’s values, laws must be enforceable, laws must be known, laws must be stable, laws must be clear and understood

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10
Q

state the sources of law

A

statue (made my parliament) and common (made by courts)

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11
Q

relationship between courts and parliament

A

ability of courts to influence parliament, abrogation, codification, statutory interpretation

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12
Q

define ability of the courts to influence parliament

A

courts can influence parliament when making a ruling, by making comments during the trial

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13
Q

define codification

A

where parliament creates legislation that reinforces principles established in court

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14
Q

abrogation

A

where parliament creates legislation that reinforces the principles established in court

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15
Q

statutory interpretation

A

parliament makes laws and the courts interpret/make sense of them

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16
Q

define parliament

A

a formal assembly of representatives of the people that is elected by the people to make laws

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17
Q

define government

A

the ruling authority with power to govern, formed by a political party with the majority of votes in the lower house

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18
Q

house of representatives

A

the lower house with 150 members. these members are elected for 3 years. their job is to represent the people, introduce and pass proposed laws, review bills passed by the senate and form government

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19
Q

senate

A

upper house with 76 members. all members are elected for 6 years. their job Is to introduce and pass bills, review bills passed by HOR and represent the interests of the states/terrritories

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20
Q

define criminal law

A

protects the community by establishing crimes, and sanctions for those who commit crimes. it involves the state vs the defendant, and the guilty party may have to pay fines, face imprisonment, or complete community service

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21
Q

define civil law

A

involves disputes between individuals/groups where it is claimed that rights have been infringed. it involves the plaintiff vs defendant and the guilty party can be sued for injunction or damages

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22
Q

purposes of criminal law

A

protect individuals: establishes crimes and sanctions, protect property: things we own cannot be taken from us or damaged, protect society: allow society to function free from harm, maintain public order and security: set standards for acceptable behaviour, protect justice and the rule of law: only the state can enforce laws, protect rights: allows people to be free from harassment

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23
Q

define the presumption of innocence

A

guarantees that a person is considered innocent until proven guilty beyond reasonable doubt

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24
Q

protecting the presumption of innocence

A

the burden of proof is on the prosecution, case must be proved beyond reasonable doubt, accused has the right to legal assistance, right to bail and right to stay silent

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25
Q

key concepts of criminal law

A

actus reus, mens rea, strict liability, age of criminal responsibility, standard of proof, burden of proof

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26
Q

define actus reus and mens rea

A

actus reus: the action of committing a crime (physical element). mens Rea: the persons state of mind (mental element)

27
Q

define strict liability

A

the actus reus that doesn’t involve the mens rea. the actus reus is enough to establish guilt (speeding)

28
Q

define age of criminal responsibility

A

must be over 10 years old. if between 10-13, the prosecution must prove the child knew their actions were wrong

29
Q

define standard of proof

A

the extent to which evidence must prove that the accused Is guilty beyond reasonable doubt

30
Q

define burden of proof

A

lies on the prosecution to prove the accused is guilty beyond reasonable doubt

31
Q

define divison A

A

crimes against a person (murder, assault, stalking)

32
Q

define divison B

A

property offences (theft, arson)

33
Q

define division C

A

drug offences

34
Q

define divison D

A

public order and security offences (public nuisance)

35
Q

define division E

A

justice procedure offences

36
Q

define division F

A

other offences (driving offences)

37
Q

defining a crime

A

acts/omissions, against an existing law, harmful to an individual/society, punishable by law

38
Q

types of crimes

A

indictable offences (serious crimes and indictable offences heard summarily) and summary offences

39
Q

state and define the 2 types of indictable offences

A

serious crimes (heard by a Judge and jury in county/Supreme Court) and indictable offences heard summarily (heard in the magistrates without a jury)

40
Q

define summary offences

A

minor crimes heard in the magistrates court

41
Q

possible participants in a crime

A

principle offender and accessory

42
Q

state the elements of murder

A

the killing was unlawful, the victim was a human being, the accused was at least 10 years old, there was malice aforethought, the accused was of sound mind, the accused caused the victims death

43
Q

state the defences to murder

A

self defence, mental impairment, sudden/extraordinary emergency, duress(belief they faced a threat that could only be avoided by murder), involuntary actions(intoxication, automatism, accident)

44
Q

development of murder

A

common law: murder originated as a common law offence. stature law: legislation has made changes to murder(the offence of defensive homocide was abolished in 2014)

45
Q

possible impacts of murder

A

victims family and friends: can cause grief, Anger and trauma. broader community: people may feel less safe, more vulnerable and lose faith in the legal system

46
Q

define assault

A

an act that causes or threatens to cause physical harm

47
Q

state the elements of assault

A

the accused applied force or threatened to apply force, no lawful justification existed, the force was intentional or reckless

48
Q

defences to assault

A

self defence, consent, lawful correction of child(discipline), lawful arrest, mental impairment, duress(committed assault to avoid harm), sudden/extraordinary emergency, involuntary acts

49
Q

development of assault

A

common law: assault was developed in common law. statute law: the crimes act 1958 includes serious assault offences and the summary offences act 1966 focusses on minor assault

50
Q

possible impact of assault

A

impact on offender: guilt, shame, legal costs, injury costs(if any). impact on victim/family: medical costs, trauma, grief ongoing psychological issues. impact on society: less community safety, cost of publicly funded medical treatment

51
Q

state the purposes of civil law

A

protect rights of individuals, achieving social cohesion, ensure people have the opportunity to resolve disputes, provide mechanism to seek compensation

52
Q

types of civil law

A

negligence, trespass, defamation, nuisance, contract law, wills and inheritance laws, family law, employment Law, anti discrimination laws

53
Q

key concepts of civil law

A

breach, causation, loss, limitations of actions, burden of proof, standard of proof

54
Q

define breach as a key concept of civil law

A

the plaintiff must prove that the accused broke or failed to fulfil a duty or obligation

55
Q

define causation as a key concept of civil law

A

there must be a direct link between the defendants breach and the plaintiffs harm. any intervening events cause the defendant to no longer be liable

56
Q

define loss as a key concept of civil law

A

financial loss, property damage, personal injury, pain and suffering

57
Q

define limitations of actions as a key concept of civil law

A

6 years

58
Q

state the possible plaintiffs in a civil case

A

insurer, aggrieved party, other victims

59
Q

define insurer as a possible plaintiff in a civil case

A

insurance companies can claim payments back from a defendant

60
Q

define aggrieved party as a possible plaintiff in a civil case

A

the person or people whose rights have been infringed and suffered a loss

61
Q

define other victims as a possible plaintiff in a civil case

A

may be family or friends who suffered harm due to harm caused to aggrieved party

62
Q

state the possible defendants in civil case

A

wrongdoer, others involved in the wrong doing, insurer, employer

63
Q

define employer as a possible defendant in a civil case

A

if employee was acting in the course of employment when the wrong occurred, the employer can be held liable

64
Q

define insurer as a possible defendant in a civil case

A

plaintiff can sue insurer of the person who caused the loss

legal (5 decks)

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