Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
yr nine legal studie
test study
| Question | Answer |
|---|---|
| CRIMINAL LAW | Criminal law regulates conduct in society to protect the community and provides sanctions against those who commit crimes. |
| civil law | Civil law deals with people who arnt found guilty or anything they are found liable and are normally sued. |
| exemple of criminal law | Murder, theft, homicide, man slaughter, attepted murder, assult |
| exemple of civil law | Defemation, hurting somones name and reputation, finacle issues, bankrupcy |
| who takes action in criminal law | prosecution |
| who takes action in civil law | plantif |
| Parties to the dispute in criminal law | Prosecution vs defendan |
| Parties to the dispute in civil law | Parties to the dispute |
| Nature of the action in criminal law | one person seeking a remedy of some kind from another person to resolve a dispute between them. |
| nature of action in civil law | the prohibited conduct and the mental element of a guilty mind or intention |
| Type of action in criminal law | Summery cases Editable cases |
| type of action in civil cases | tourts |
| Standard of proof required in a criminal case | guilty mind and guilty actions |
| standarf proof required in a civil case | the balance of probabilities |
| Verdict/decision in a criminal case | Jury must all agree on the desicion |
| Verdict/decision in a civil case | majority wins so if more then half vote yes or no |
| outcomes of a criminal case | If the defendant is found not guilty, the defendant is acquitted and no other order is made. If the defendant is found guilty, the defendant will need to be sentenced. |
| outcomes of a civil case | Civil cases can be dismissed with prejudice, meaning final, or without prejudice, meaning the issue can be reconsidered |
| Who hears the case in criminal law | The Criminal Division has jurisdiction to hear all indictable offences except for treason, murder and related offences. A judge as well |
| Who hears the case in civil law | The District Court hears both civil claims |
| Use of a Jury in criminal law | To get a outside opinion on the case and to hear diferent peoples opinions if someone in the jury knows anything about the case or even the person that could make them pick a different side. |
| use of a jury in civil law | to decide whether the plaintiff (the person bringing the action or 'suing' the other party ) has established their claim. |
| define a summery offence and give examples | minore offences like drink driving, petty theft, offensive language in public |
| define a indictable offence and give examples | seriouse offences like murder, theft, armed robbery |
| what courts are indictable offences heard in | county and supream |
| what is the presumption of innocence | guilty untill proven innocent |
| what is mens rea | a guilty mind |
| what is actus reas | guilty actions |
| what does DPP stand for | department of public prosecution |
| what is the seperation of powers | the parliment the executive goverment and the courts are seperated and act independently without the reference of eachother. |
| whats the parliment role | the parliment makes and amends the laws statue of acts. |
| whats the executives role | the executive puts law into action |
| whats the judicerys role | the judicery makes judgments on the law |
| whats a bill | a bill is a formal document prepared inform of a drsft |
| whats a act | more then a proposal to change the law |
| define the process of changing the law | a bill is introduced into the house members debate on it and vote the bill is then moved to the senate they do the same amendments can be sugested. |
| what year did federation take place | federation took place in 1901 |
| define constitution | the laws and rules that define our country and how its wrong |
| list the three levels of goverment | local, state, federal |
| define homicide | is the killing of another person without leagle justification |
| define murder | its the intentional killing of another person by a person who is the age of descretion |
| what is needed to show that a murder has been commited | actus reas and means rea |
| define malice aforethought | its when you intednded to kill somone mens rae |
| what is the maximum penalty for murder in australia | the maximum penalty for murder is life imprisement |
| define man slaughter | the unlawfal killing of another person due to reckless or dangerouse act with no malice aforthought |
| what is a criminal defence used for | is a justification or lawfall exuse for comitting a crime if agued right the defence might be found not guilty of there action. |
| acident defenition | an unexpected result of an act that was done with no intension there action must be involentary |
| sudden or extra ordenary defenition | if you use this defence you need at the time your actions were the only way dealing woth the emergency and it was a resonable responce |
| duress defeniton | strong menatal pressure on somone to overcome there will and foce them to do somthing. |
| self defence defenition | in murder case somone thought that acting the way they did was nessisiary to save themselves and or others |
| diminished responsibility defention | avalible for murder when the person doesnt have mens rea and can be accused of man slaughter this allows for more flexible sentencing. |
| what is doli impax | doli impax is lacking the campacity to be guilty of an offence like people under the age of ten |
| can kids under 10 be charged with a crime | no |
| can kids between 10 and 24 be charged with a crime | yes they can be chaged if the prosecution can prove they knew it was wrong |
| can kids 14 and over be charged with a crime | yes |
| what are some sanctions can be givin to young offenders | things like refferd to counsiling, juvie, a good behaviour bond |
| what is diminished resposibility by means of meantal impairment | its when a accused may use the defence of mental impairment if at the time they were suffering a mental illness |
| define diminished responsibility by means of automatism | its an act without consiouse volition |
| whats the lowest commonwealth court | federal and family court |
| whats the highest commonwealth court | federal court |
| whatd the lowest state and terretory court | magistraights court |
| whats the seccons highest state and territory court | county court |
| whats the highest state amd terriotory court | supream court of victoria |
| whats the highest court in australia | the high court |
Created by:
ivyhoward123