Week 1/2/3/4

Question 1

What is the purpose of a rule?

Answer 1

To tell us what we should and should not do

Question 2

What is the general purpose of a law?

Answer 2

To control or alter our behavior

Question 3

Define laws?

Answer 3

The rules a community makes so people can try to live together successfully and imply social control.
They’re interpreted and enforceable by the courts of the community.

Question 4

What are the main purposes of laws?

Answer 4

To maintain social order
To resolve conflict
To protect the fabric of society
To attempt to balance the needs of individuals against the needs of the majority

Question 5

How does the law for fill its purposes?

Answer 5

By recognising the values of society
By setting boundaries of acceptable conduct
By setting out the legal machinery to settle disputes
By being able to change

Question 6

What are the 6 types of law?

Answer 6

Common law system
Statute law system
Private law
Public law
Civil law
Criminal law

Question 7

Define the common law system?

Answer 7

The law and procedures created by courts (ie judges)

It is based on judicial decision and precedent

Question 8

Define the statute law system?

Answer 8

Written laws that are created and passed by a legislature on the state or federal level

Question 9

Define private law?

Answer 9

Deals with the relationships between ordinary people & businesses in everyday transactions

Question 10

Define public law

Answer 10

Deals with the relationships between government organisations and ordinary citizens

Question 11

Define civil law?

Answer 11

Settles arguments between individuals (helps people to find remedies or solutions to problems and doesn’t really punish people)

Question 12

Define criminal law?

Answer 12

Deals with rules created by the State forbidding certain behavior (crimes)
Criminal Law punishes people.

Question 13

Define a crime?

Answer 13

A crime can be defined as an act or omission for which the state prosecutes and punishes an individual for breaking the laws

Question 14

Define actus reus?

Answer 14

A physical act-committing the crime (guilty act)

Question 15

Define mens rea?

Answer 15

A mental act-(guilty mind)

Question 16

What are the 6 type of criminal acts?

Answer 16

Acts against a person
Acts against property
Acts that are immoral
Acts against the state itself
Acts against the legal system
Acts that breach a regulation or a council bylaw

Question 17

What is the standard proof required in criminal trials?

Answer 17

‘beyond all reasonable doubt’

Question 18

What are the 6 criminal acts against a person?

Answer 18

Murder
Attempted murder
Manslaughter
Assault and battery
Culpable driving
Rape
Robbery

Question 19

Examples of defenses for criminal acts against people?

Answer 19

Innocence
Provocation
Self defence
Duress
Accident
Mistake of fact
Automatism
Drunkenness/drugs
Necessity
Protection of property
Consent

Question 20

What are the 2 types of civil law?

Answer 20

Contract law

Law of Torts

Question 21

Define contract law?

Answer 21

A legal agreement

Question 22

Define law of Torts?

Answer 22

A civil wrong’ that someone has committed against another

Question 23

What is the standard of proof in civil trials?

Answer 23

‘balance of probability’

Question 24

What are the 4 types of Torts?

Answer 24

Negligence
Nuisance
Defamation
Trespass

Question 25

Define indictable offences?

Answer 25

Serious offences tried before a judge and jury in a higher court

Question 26

Define summary offences?

Answer 26

Less serious offences tried by a magistrate and no jury in a lower court

Question 27

What are 5 procedures that may occur after a crime has been committed?

Answer 27

``` A caution is issued On-the-spot fine A summons is issued A warrant is issued An arrest ```

Question 28

Define bail?

Answer 28

You promise to appear before the court for your trial and if you do not, you forfeit a predetermined sum of money

Question 29

Define remand?

Answer 29

If you are deemed dangerous to society, you won't be granted bail and you will be held in remand (jail) until your trial

Question 30

What is the role of the police?

Answer 30

To preserve the peace To protect life and property To prevent crime, detect and apprehend offenders To help those in need of assistance

Question 31

What are the main branches of police?

Answer 31

``` Homicide squad Forensic science laboratory General duties police officers Criminal investigation branch Specialised squads ```

Question 32

Define the judge?

Answer 32

Are trained in the law Worked as barristers before appointed as judges Make sure that the trial follows correct legal procedure and clarify any points of law that may arise Decide on the type and length of sentence in a criminal case

Question 33

Define magistrate?

Answer 33

Preside over the lower court Are qualified legal practitioners and hold law degrees Practiced as barristers Decide whether someone is guilty or not in minor criminal cases. Administer the punishment Decide who is liable and how much compensation may be paid in damages in civil cases

Question 34

Define plaintiff?

Answer 34

A person who brings a case against another in a court of law

Question 35

Define defendant?

Answer 35

An individual, company, or institution sued or accused in a court of law

Question 36

Define solicitor?

Answer 36

Member of the legal profession Qualified to deal with conveyancing, the drawing up of wills, and other legal matters Instruct barristers and represent clients in some courts

Question 37

Describe the Donohue v Setevenson (1932) case?

Answer 37

Mrs Donoghue drank a bottle of ginger beer in a café. A dead snail was in the bottle. She fell ill, and she sued the ginger beer manufacturer, Mr Stevenson. Law of Caveat Emptor-'buyer beware was overturned and is now 'duty of care'

Question 38

Describe the Grant v Australian Knitting Mills (1936) case?

Answer 38

Grant got dermatitis from a pair of underwear that he bought and sued the manufacturer. Manufacturer had negligently left a chemical in the material. Court referred to the Donohue v Stevenson case Court decided that manufacturer owed a 'duty of care' to Grant. First case of negligence in Australia.

Question 39

Describe the Mabo v Queensland (1992) case?

Answer 39

Precedent from 1788 to 1992-'Terra Nullius' Mabo appealed to the high court to overturn the precedent. Common law title-prove you have continuously used the land. High court gave a new form of title-'Native Title' Mabo showed that precident can be overturned and common law is flexible and can change with society's values.