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Legal Exam Cue Cards
Legal Studies Exam Cue Cards
Term | Definition |
---|---|
Burden of Proof | Who has to prove whos guilty. |
Criminal Law | a system of law concerned with the punishment of offenders. |
Crime against the State. | Treason |
Crime against a person. | Murder |
Crime against property. | Vandalism |
Public Order Crime | Running a red light |
Summary Offence | A summary offence is a minor offence. |
Indictable Offence | An indictable offence is a serious offence where the maximum penalty imposed can exceed two years. |
Number of jurors in criminal law. | 12 |
Unanimous decision in criminal law | Where everyone on the jury agrees. |
Majority decision in criminal law | Where 11/12 on the jury agree. |
Prosecution | the institution and conducting of legal proceedings against someone in respect of a criminal charge. |
Standard of proof | The level of proof. In criminal law it is very high. |
Presumption of innocence | The presumption of innocence is the legal principle that one is considered innocent until proven guilty. |
Victorian Charter of Human Rights and Responsibilities | Lists all of Victoria's laws. |
Bail | the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court. |
Remand | place a defendant in custody, especially when a trial is adjourned. |
Custody | Imprisonment. "He was being taken in custody." Legal Guardianship |
Surety | a person who takes responsibility for another's performance of an undertaking, for example their appearing in court or paying a debt. |
Warrant | a document issued by a legal or government official authorising the police or another body to make an arrest or search premises. |
Parole | the temporary or permanent release of a prisoner before the expiry of a sentence, on the promise of good behaviour. |
Non Parole Period | the period of time where a prisoner can't receive parole. |
Concurrent sentence | Multiple sentences being served at the same time. |
Cumulative sentence | Cumulative sentences are sentences that are served one after another. |
Aggravating factor | any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its consequences, |
Mitigating factor | a mitigating factor, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence. |
Reasonable grounds | An estimate. Police reasonably believe what happened. |
Over charge | Number of crimes police charge you with. They charge you with multiple. |
Plea negotiation | Where you negotiate what you will plead guilty too. |
Sentence Indication | A judges estimate of what the sentence will be if you plead guilty. |
Custodial sentence | A Jail Sentence |
Sentence discount | Has to give criminal certain discounts. Pleading guilty early will reduce sentence. |
Suppression order | When a judge orders a suppression order the name of the offender can't be used in the media. |