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Humanities Revision

Test for Humanities, Criminal and Civil Law

QuestionAnswer
What is the order of the court hierarchy? High Court, Supreme Court, County Court, Magistrates Court, Federal Court, Family Court
What cases do you hear in the High Court? They hear things about the law, special permissions or appeals from lower courts
What cases do you hear in the Supreme Court? Murder, Manslaughter, Civil Justice/Disputes involving large sums of money
What cases do you hear in the County Court? Indictable offences like murder, rape, theft, assault or appeals from the magistrates court
What cases do you hear in the Magistrates Court? Summary offences like traffic offences or property damage as well as legal disputes involving less than $100,000
What cases do you hear in the Federal Court? Criminal cases created by federal legislation
What cases do you hear in the Family Court? Hear cases dealing with family matters, e.g parents divorce or custody over children
What is the purpose of criminal law? Criminal laws are made to protect the community as a whole.
List some examples of criminal crimes? Murder, Theft, Rape and Assault.
Know the difference between Summary and Indictable offences. Have examples. Summary offences are minor things like traffic offenses Indictable offences are serious things like murder, manslaughter.
Define Actus reus The act of committing a crime
Define Mens rea Guilty mind or intent
Define Malice aforethought The intention of killing or harming
Define murder & Manslaughter and understand how they are different Murder is with mens rea (intent) Manslaughter can be accidental, without mens rea
List difference ways people can claim criminal defence Self-defence, Accident, Necessity or Duress
Define: Diminished responsibility When someone lacks mens rea and can be accused of manslaughter
What are the 3 ways someone can claim diminished responsibility. Doli incapax, Mental impairment and Intoxication
What is Doli incapax? Being found incapable of forming intent (mens rea) Usually underage children will receive this sentence.
How can Mental impairment be claimed in a criminal case? Diminished and Impaired
What is the purpose/aim of Civil law? To return the person who was wronged back to where they were before the wronging occurred.
What types of damages or remedies can be given in civil law cases? Compensation, Damages, Contract
What is Tort law? List 3 examples Negligence Tort, Defamation Tort, Trespass Tort
Define contract law Contracts are legally enforceable agreements made between individuals.
What is defamation, can you find a case as an example? When an individual's reputation is damaged because of false accusations.
Parties of Dispute - Civil and Criminal Civil - Plaintiff v Defendant Last name v Last name Criminal - Prosecution/Crown v Defendant DPP v Last name
Who takes the action? - Civil and Criminal Civil - The plaintiff Criminal - The prosecution (DPP)
What is the Nature of Action? - Civil and Criminal Civil - Sue Criminal - Prosecute
What is the standard of proof required? - Civil and Criminal Civil - On the balance of probabilities Criminal - Beyond reasonable doubt
What is the Burden of proof? - Civil and Criminal Civil - Plaintiff Criminal - Prosecution
What is the verdict/decision? - Civil and Criminal Civil - Liable for Plaintiff Not liable for defendant Criminal - Defendant found guilty or not guilty
What are the outcomes? - Civil and Criminal Civil - Compensation Criminal - Fine/Bond, Probation, Jail or Community orders
Who hears civil cases? 6 jurors (Different for county and supreme) Majority verdict
Who hears criminal cases? 12 jurors (Compulsory) Majority vote except murder
Created by: amelia.aylward
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