AT2 Law in Action

Question 1

Criminal Law

Answer 1

criminal law is the regulation of conduct that the government considers is against the interests of the community (involves doing something that is considered an offence against society) (Crimes involve behaviours which are considered by the state to be unacceptable and deserving of punishment)

Question 2

Accused

Answer 2

The person who is deemed to have broken the law and charged with a criminal offence

Question 3

witness

Answer 3

a person who gives evidence in court

Question 4

victim

Answer 4

A person who is wronged by the accused

Question 5

Actus reus

Answer 5

Guilty Act: This means that the accused actually committed the offence and did not just think about doing it.

Question 6

Mens Rea

Answer 6

Guilty Mind: this means that a person must have intended to commit the crime.

Question 7

burden of proof

Answer 7

when a person is charged with a criminal offence, it is the responsibility of the prosecution to prove to the court that the accused person is guilty

Question 8

Doli Incapax

Answer 8

Doli incapax is a resumption that a person of this age (10-14) is incapable of crime

Question 9

Criminal liability

Answer 9

the prosecution must prove that the accused had both guilty act and mind to then prove criminal liability for the person to then be found guilty and convicted.

Question 10

Civil Law

Answer 10

civil law deals with non-criminal matters involving disputes between individuals and organisations

Question 11

Civil law - civil wrong

Answer 11

when a civil wrong is proved in court the plaintiff will ask for money as compensation (known as seeking damages)

Question 12

Civil law - Contracts

Answer 12

A contract is a legally binding agreement (under 18 only enter contract to purchase essential goods and services)

Question 13

Civil law - negligence

Answer 13

Negligence occurs when a person or an organisation fails to exercise reasonable care and causes damage to another person (duty of care)

Question 14

Rules

Answer 14

rules are a set of principle that govern a particular activity or process

Question 15

plaintiff vs defendant

Answer 15

The persons whose rights have been infringed is the plaintiff and the wrongdoer is the defendant

Question 16

Civil Law - purpose

Answer 16

The purpose of civil law is to create and protect our individual rights by allowing individuals to take other members of the public to court for civil wrongs done to them

Question 17

Criminal Law - purpose

Answer 17

to establish boundaries of acceptable behaviour and determine what actions are tolerated, protect people from harm caused to themselves and society, protect individual freedoms and rights, resolve disputes

Question 18

Private law

Answer 18

disputes between private citizens (How individuals interact and the rights and duties toward each other) Civil law is part of private law

Question 19

Public law

Answer 19

Disputes which affect the community (Regulates people’s behaviour and protects the freedom of individuals. Also deals with the expectations of the public from the government)

Question 20

Two main areas of civil law

Answer 20

tort and contract law

Question 21

Tort law includes

Answer 21

Negligence: Where a person fails to take reasonable care and, as a result, injures another person
Defamation: Where a person injures another’s reputation
Nuisance: Where a person causes unreasonable interference with another person’s rights to enjoyment of their property
Trespass: Where a person interferes with another person or their property rights