2 Flashcards
Anarchy
State of society without government or law
Identification parade
A line up for the witness to identify the suspect
No-intimate forensic samples
Samples from hair, finger/toe nail clippings, external body swabs. Cannot be from private parts
What is the adversary system
Involves two parties in court, can be criminal and civil cases & in front of a judge.
Supreme Court
Highest court, hears appeals from County. Serious criminal cases heard.
Appeal
An application to a higher court to review a decision of a lower court tribunal
Trial
Judge examines issues between parties and determines the outcome. Can be with or without a jury.
Sanctions
The punishment of an outcome
Jury
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.
Magistrate court
Lowest court in the VIC court system. Hears minor offences, family matters, children’s court, civil disputes and corners court.
Burden of proof
Prosecution must find evidence that proves both actus reus and mens rea.
Standard of proof
Prosecution must prove beyond reasonable doubt. Means that the judge/jury must have no reasonable doubt as to the guilt of the accused.
Culpable Driving
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
Tort
Civil wrong. Individual has acted in a way that has impinged the civil rights of others
Defamation
A persons reputation is damaged by someone making a false and derogatory statements; can be word of mouth or in writing
Trespass
To cross a boundary, intrude upon the property, privacy or possessions of another without permission.
Sue
To bring a civil proceeding against another person to see suitable remedy for damage caused by that person.
Remand
Alleged offenders on remand are held in custody before and during their trial (on criminal charges) by order of a court.
Court hierarchy
Magistrates - County - Supreme - High
Balance of probabilities
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
Civil law
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.
Committal hearing
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.
Beyond reasonable doubt
Level of proof needed in criminal cases for magistrate or jury to decide whether you are guilty
