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Year 9 Legal studies
legal studies
| Question | Answer |
|---|---|
| What is a criminal defence? | A justified or lawful excuse to a crime which can lead to the accused being found not guilty or guilty of a lesser charge. |
| What is Malice Aforethought? | Malice Aforethought is malicous intent. This is the intent inflict harm on another. |
| What are six things needed to show a murder has been commited? | Killing was unlawful, Victim was human, Accused was over the age of descretion, Accused causes victims death, Victim was of sound min, There was malic aforethought, |
| What are three types of homicide, that are not murder or manslaughter? | Culpable Driving causing death, Child Homicide-Killing, Infanticide |
| What is contract law? | Legally inforceable agreements made by individuals |
| Example of contract law | A lease agreement, an employment contract, personal loan contract. |
| What are five torts in civil law? | Defamation, Negligence, Trespass, Employment, Contract. |
| What is the definition of civil law? | Regulated disputes between individuals, groups and organisations. |
| Definition of Civil liabilty | The legal responsibillity of a party for loss or harm caused to another party because of a breach of civil law. |
| Concurrent powers | Concurrent powers are shared by the commonwealth and state parliaments. Both can make laws. E.g. Taxation, Marriage, Census, Statistics, if state and commonwealth governments both pass laws in these areas that conflict the commonwealth wins. |
| Exclusive powers | Only commonwealth parliament can make these laws e.g currency, defence, customs, international treaties. |
| Residual powers | law-making powers not listed in the Commonwealth Constitution and therefore remain with the states. they make laws surrounding things such as schools, pubic transport, electricity supply, crimes. |
| What are the two purposes of criminal law? | To protect the community and to regulate the behaviours of individuals for safety of community. |
| What type of cases does the federal court hear | disputes between counties and businesses. |
| what is the standard of proof in civil law? | Balance of probabilities. |
| What is doli incapax | A child under 10 committing a crime. They can't be prosecuted as they don't know right from wrong. |
| What is a proposed law known as? | bill |
| What is the rule of judiciary in law-making? | Making judgement about the law |
| What types of civil cases are heard in the magistrates court? | Under $100,000 |
| what civil cases does the county court hear? | above $100,000 and below $200,000 |
| What is the role of the coroners court? | To investigate unexplained crimes and arson. |
| Where is the federal circuit court and family court located in the federal court hierarchy? | At the bottom of the commonwealth hierarchy |
| Does the supreme court use a jury? | yes |
| How many people sit on the supreme court jury? | 12 for criminal and 6-8 for civil |
| what is the role of parliament in law making? | to make and amend the law statutes or acts. |
| What is the law made by parliament known as? | statute law, legislation, and acts. |
| What are the four ways you can establish malice aforethought? | the person intended to kill, and did. Intended to caus serious harm and death resulted. Acted recklessly about the person. As a result of a chain of events after committing a serious criminal offence a person dies. |
| what are the four curcumstances in which manslaughter applies? | 1while carrying out an unlawful or dangerous act someone dies. 2you intended to cause bodily harm but not serious harm. 3you act in a way that is considered criminally negligent and a person dies. 4by your own omission or failure to act a person dies |
| what are some sanctions that are given to young offenders? | discipline by teachers or parents, child protective services called, and possible councelling. |
| What are laws made by the courts known as? | common law, or precidents. |
| what is the role of the executive in law making? | educate and enforce laws. |
| what is the seperation of powers? | the belief that different branches of the government should have distinct and independent powers and responsibilities |
| what are the seperation of powers? | judiciary, executive, legislative. |
| how mnay judges are used in the high court? | a panel of 7 judges. |
| where is the federal court located in the federal court hierarchy? | the top of the commonwealth hierarchy |
| where is the high court located in the court hierarchy | The top of the state hierarchy |
| is there a jury in the high court? | yes |
| what types of cases does the high court hear | indictible offences such as treason, terrorism, and disputes between state |
| are the high court's decision's binding (have to be followed) by courts in the lower hierarchy? | yes |
| why are the high court's decisions binding? | to keep all the states equal and make sure none of them gain power on the other. |
| where is the high court located in australia? | canberra |
| where is the supreme court of victoria located in the state court hierarchy? | the top of the state courts |
| who determines the scentence in the county court? | the judge |
| who determines the verdict in the county court? | the jury |
| what types of civil cases does the supreme court hear? | $200,000 and above |
| what types of criminal cases does the supreme court hear? | all indictable offences including murder. things such as murder and armed robbery. |
| where is the supreme court of victoria located in the australian court hierarchy? | below the high court |
| who determines the sentence in the supreme court | the judge |
| who determines the verdict in the supreme court | the jury |
| this court is also known as an intermediate court | county court |
| define mens rea | a guilty mind, the intention of committing a crime. |
| define actus reus | a guilty act, the action of doing a crime. |
| what is a double majority | over %50 of people in each state voting on something. in a referendum %50 in each state must vote yes for it to be passed. |
| what are two element required for a crime to be established? | mens rea, actus reus. |
| what is a referendum? | a vote to change the constitution |
| in criminal law, who takes the action? | the OPP |
| what are the one punch laws in australia? | the one punch law addresses fatal assualts from a single punch. if u do this u can serve a minimum of 10 years in jail. |
| what are the requirements to establish the diminished responsibillity defence by means of intoxication? | you were unwillingly intoxicated or u took prescribed medicine properly and it had negative side effects. |
| what is a tort? | tort mean wrong. there are different torts for different civil cases |
| in civil law who takes the action? | the plaintiff |
| in civil law who are the parties to the dispute? | plaintiff v defendant |
| in civil law who has the burden of proof? | the plaintiff |
| in civil law what is the nature of the action? | to sue |
| in civil law what are some possible outcome or rededies? | money or land |
| in civil law who hears the case? | a judge, or judge and jury of six |
| in civil law what are the possible verdict? | liable/not liable |
| explain the tort of tresspass? | when one interferes with ones land or good |
| what is an example of the tort of tresspassing | entering someones land without permission |
| explain the tort of defamation? | ruin or harm someones reputation |
| what is an example of the tort of defamation? | a social media post with untrue claims |
| explain the tort of negiligence | failing to take reasonable care |
| what is an example of the tort of negligence | a work place accident |
| define manslaughter | the unlawful killing of another human being without intent |
| explain what the criminal defence of duress is | when ur forced to do something illegal and u do it with the threat of death or injury |
| explain the criminal defence of self-defence | the action was necessary to protect themselves or others from death or significant injury |
| explain the diminished responsibility defence by means of intoxication | a person was unknowingly drugged or drunk at the time. |
| explain the diminished repsonisbilty defence by means of mental impairment | a condition impacts a person ability to know the nature of the crime, or that it as wrong. |
| what is diminished responsibilty? | a defence where someone lacks a mens rea. |
| explain the diminished responisibilty defence by means of automisation. | when a personhas no control of their body and movement. |
| what are some examples of automisation | sleepwalking, or a sever concussion. |
| how can someone be deemed unfit to stand trial | if they cant follow the case, give a plea, instruct their lawyer, or dont understand the nature of thier charge |
| how is the diminished responsibilty defence by means of mental impairment shown? | by proving the accused, did not know what hey were doing, had little understadning of what the nature and quality of thier actions, did not know thier conduct was wrong, or think about thier conduct like an ordinary person. |
| explain the criminal defence of provocation | when a person calim they were provoced into commiting the crime |
| why is the defence of porvocation no longdr used in vitoria | because of domestic violence victims |
| what is the presumption of innonce? | innocent until proven guilty |
| in criminal law, what is the standard of proof? | beyond reasonable doubt |
| in criminal law, if u are guilty, what are some possible sanction for the u? | jail, rehab, a fine. |
| in criminal law what is the nature of the action | to prosecute |
| in criminal law who has the burden of proof | OPP |
| define homicide | the killing of another person without legal justification |
| in criminal law who are the parties in dispute | OPP v accused |
| in criminal law what are the possible verdicts | guilty or not guilty |
| define murder | the unlawful killing of another person, over the age discretion, with a wound mind, and having malice aforethought |
| what is the senate | upper house, the house of review |
| what is the senates role? | acting as the house of review for bills |
| what is the house of reps? | the lower house |
| what does the house of reps do | for government |
| in australias court system what is the lowest court? | magistrates court |
| what is a hierarchy | a structure of each court ranked from highest to lowest in importancy and seriousness of offences |
| who decides the verdict in the magistrates court? | a magistrate |
| what does a summary offence mean? | a minor offence |
| what are some examples of a summary offence? | minor drug offences, running a red light, parking offences. |
| what types of criminal cases are heard in the magistartes court? | summary offences, such as running red lights, not paying taxes, minor drug offences, crimes comutted by children. |
| what does royal assent mean? | when the governor general signs a passed bill and it becomes an act. |
| what does indictable offence mean? | major offence |
| what are some examples of indictable offence? | armed robbery, murder, drug trafficking |
| what is delegated law? | when a law is created by an expert in their field. an example of this would be doctors making laws during covid |
| explain the roles of the childrens court | to prosecute children who have committed crimes |
| explain the role of the koori court | to sentence aboriginal people who have commited crimes |
| does the county court use a jury | yes |
| how many people sit the county court jury | 12 |
| what types of criminal cases does a county court hear? | all indictable offences except murder |
| is a jury used in the magistrates court? | no |
Created by:
roxymoron
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