2015 Practice Exam Questions Flashcards
1
Q
Sanction.
A
A legal punishment imposed by a court when an accused person is found guilty of committing a crime.
2
Q
Presumption of innocence.
A
A legal principle under which every person accused of committing a crime is presumed innocent until proven guilty in a court.
3
Q
Outline the structure of the Victorian Parliament.
A
- Crown: Governor
- Upper house: Legislative Council (40 members)
- Lower house: Legislative Assembly (88 members)
4
Q
Explain what the Proclamation of a bill is.
A
Act comes into operation - a formal announcement by the G/GG of the day an Act commences.
5
Q
Explain the role of Parliament in making laws.
A
- To make new laws or amend existing laws (by introducing bills)
- To override laws made by courts
- To pass Acts to delegate law-making powers to other bodies
6
Q
Outline the reasons for a court hierarchy.
A
- To have a system of appeals (allows higher courts to review decisions of lower courts)
- Administrative convenience (specific jurisdictions for courts makes for more efficient functioning)
- Precedents
- Specialisation (Judges and Magistrates can gain expertise by working in one area of the law)
7
Q
Outline the features of the adversary system of trial.
A
- Party control – each party is responsible for the preparation and presentation of their own case
- Independent umpire
- Rules of evidence and procedure
- Legal representation
- Standard and burden of proof
8
Q
Outline the seven main parts of criminal law.
A
- Concerned with protection of community as a whole
- Aims to punish those who have broken the law and deter others from breaking the law
- Initiated by the police charging an individual
- Consequences consist of sanction/punishments such as imprisonment
- Deals with crimes such as murder and rape
- SofP
- BofP
9
Q
Outline the seven main parts of civil law.
A
- Concerned with private rights we have as individuals
- Aims to return the person whose rights have been infringed to their original position
- Started by plaintiff suing the defendant
- Consequences consist of civil remedies such as damages or injunctions
- Deals with matters such as family disputes, contracts etc.
- SofP
- BofP
