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Question 1

Anarchy

Answer 1

State of society without government or law

Question 2

Identification parade

Answer 2

A line up for the witness to identify the suspect

Question 3

No-intimate forensic samples

Answer 3

Samples from hair, finger/toe nail clippings, external body swabs. Cannot be from private parts

Question 4

What is the adversary system

Answer 4

Involves two parties in court, can be criminal and civil cases & in front of a judge.

Question 5

Supreme Court

Answer 5

Highest court, hears appeals from County. Serious criminal cases heard.

Question 6

Appeal

Answer 6

An application to a higher court to review a decision of a lower court tribunal

Question 7

Trial

Answer 7

Judge examines issues between parties and determines the outcome. Can be with or without a jury.

Question 8

Sanctions

Answer 8

The punishment of an outcome

Question 9

Jury

Answer 9

A body of random selection of the public sworn to give a verdict in a legal case on the basis of evidence submitted to them in court.

Question 10

Magistrate court

Answer 10

Lowest court in the VIC court system. Hears minor offences, family matters, children’s court, civil disputes and corners court.

Question 11

Burden of proof

Answer 11

Prosecution must find evidence that proves both actus reus and mens rea.

Question 12

Standard of proof

Answer 12

Prosecution must prove beyond reasonable doubt. Means that the judge/jury must have no reasonable doubt as to the guilt of the accused.

Question 13

Culpable Driving

Answer 13

Person has caused death of another person through the reckless or negligent driving of a motor vehicle or driving while under the influence of drugs and alcohol

Question 14

Tort

Answer 14

Civil wrong. Individual has acted in a way that has impinged the civil rights of others

Question 15

Defamation

Answer 15

A persons reputation is damaged by someone making a false and derogatory statements; can be word of mouth or in writing

Question 16

Trespass

Answer 16

To cross a boundary, intrude upon the property, privacy or possessions of another without permission.

Question 17

Sue

Answer 17

To bring a civil proceeding against another person to see suitable remedy for damage caused by that person.

Question 18

Remand

Answer 18

Alleged offenders on remand are held in custody before and during their trial (on criminal charges) by order of a court.

Question 19

Court hierarchy

Answer 19

Magistrates - County - Supreme - High

Question 20

Balance of probabilities

Answer 20

The standard of proof required in civil law cases

more probable than not that what the person says happened is true.

In criminal cases, the standard is proof beyond reasonable doubt

Question 21

Civil law

Answer 21

Law that is not criminal. The body of law relating to civil matters between private individuals and/or organisations as opposed to the criminal law.

Question 22

Committal hearing

Answer 22

a magistrate will hear evidence of the prosecution and decide whether a properly instructed jury would convict the accused. This is the last hearing a matter will have before it proceeds to a higher jurisdiction.

Question 23

Beyond reasonable doubt

Answer 23

Level of proof needed in criminal cases for magistrate or jury to decide whether you are guilty