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Legal Studies Unit 1
| Question | Answer |
|---|---|
| Statute | Laws made by Parliament |
| Common Law | Laws developed by the courts through the application of precedent |
| Act | Laws made by parliament |
| Legislation | Laws made by Parliament |
| Constitution | The document the sets out the structure and powers of parliament |
| Residual Powers | Powers, and law making abilities given to the individual states to decide on. For example Criminal and civil law |
| Concurrent powers | Powers shared between states and commonwealth parliaments, for example taxation. however if the laws of both are inconsistent, the commonwealth laws prevail |
| Exclusive Powers | Power for law making that only allows the commonwealth t dictate the laws such as printing money, defense and immigration |
| Bicameral | The system in which there are two houses in parliament, an upper house (senate) and a lower house (House of representatives) |
| Delegated legislation | Those laws made by bodies or authorities that are lower to parliament |
| Precedent | A legal principle developed by courts |
| Ratio Decidendi | The judges reasoning for their decision that forms the binding precedent |
| Jurisdiction | The power of the court to hear and determine a certain case |
| Infanticide | when a women, due to the affects of child birth kills their child under the age of 24 months |
| Bail | The practice of allowing the accused person to be released from custody between the date of being charged and the date of the court hearing |
| Surety | A person who promises property or money that requires the alleged offender attend court |
| Committal Proceeding | They are held in the magistrates court to determine whether there is sufficient evidence to support a conviction by a judge in a higher court |
| Mens rea | Showing a guilty mind |
| Actus Reus | Showing a guilty act |
| Strict liability in relation to criminal liability | A person who is guilty of the act (actus reus), does not have to be proven to have intended to commit the offense (mens rea) for example traffic offenses and sale of alcohol to miners |
| What is the standard of proof? | The amount of evidence the prosecution or plaintiff must provide to to determine the accused, guilty beyond reasonable doubt or in a civil matter, in the balance or probability. |
| Who bears the standard of proof? | Prosecution or the plaintiff |
| Who can serve on the jury? | Anyone who is on the electoral roll is eligible. This means they are over the age of 18 and must be an Australian citizen |
| Who is ineligible for jury service? | - Those who work in the legal system (police,Judges) - The Physically Disabled (Darcy Gibson) - Non-English speaking |
| Who is Excused from Jury Service? | People with.. - Illness or poor health - Advanced age - Living a long distance from a county court |
| How many Jurors must agree in a majority decision? | 11/12 |
| Give an Example of a crime against property | - Theft - Arson |
| Give an example of a crime against morality | - Carnal Knowledge - Prostitution |
| How much is a penalty unit worth? | Who the fuck knows? Because I don't. |
| Give 3 Examples of summary offenses and which court hears on these cases | - Speeding - Drink driving - Theft These are all heard in the magistrates court |
| Give 3 Examples of indictable offenses and which court hears on these cases | - Murder - Rubbery - Assault These cases are either heard in the county court or the supreme court |
| What are two differences between legal rules and non-legal rules | - Legal rules are enforced by the police - Non-legal rules only apply to groups of individuals |
| What is malice aforethought? how can this be shown? refer to the the elements of murder | Malice aforethought exists when someone shows intention to kill or cause serious bodily harm. This can be shown by proving the accused had Actus Reus |
| What are two characteristics of an effective law | - Accepted by the community - Enforceable - Stable - Easily found and understood - Able to be changed to keep up with community values |
| Explain the important of Court Hierarchy | Specialisation - Allows judges and lawyers to gain experience in a particular field Appeals- Allows for cases in the lower courts to be put under review and heard in a higher court Precedent- The use of past decisions in determining a current case |
| What is the difference between culpable driving and dangerous driving causing death | Culpable driving causing death is, through lack of proper control you cause death. Where as Dangerous driving causing death is when someone drives in a dangerous manner such as speeding having no regard for the community causes death or serious injury |
| Who is the principal to the crime? | The person who commits the indictable offense, anyone who aids, counsels or organises another person to commit an offense is a principal offender |
| who is the accessory to a crime? | A person who impedes the apprehension, prosecution or conviction of a principle offender |
| Understand the difference between duress and self defense | Duress is the use of threat or force to make someone do something Self defense is based on the need to repel or fight off, an attack with force and use of force to protect oneself |
| What are two roles of the police? | - They are directly responsible for maintaining the law and order in the community - They have the task of preserving the pulic peace |
| When can a police person search without a warrant? | - With the person agreeing to the search - If they are arresting someone - The person has committed a serious indictable offense - A person has Escaped Custody |
| When is a warrent required to search a property? | - Evidence of an offence - anything that is intended to be used in an offense - stolen goods |
| What are the four aims/objectives of criminal sanctions? | Punishment, To punish the offender for the harmed cause Rehabilitation, Help the offender learn from their mistakes Denunciation, To make clear society disapproves of the conduct |
| Define two pre-trail procedures and what the purpose of these are | Bail- Releases the person charged with an offense from custody Surety- Someone who promises to make sure the alleged offender attends court |
| What is a victim impact statement and when are they used? | It is something the victim writes to help with the sentencing of a convicted person, it is usually about what the victim has lose due to the offense such as injury or money |
| When does a corner investigate a case? | When a person Dies suddenly Homicide is suspected Fires Causing death |
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