Can I questions Flashcards
- Identify the main law-making bodies in Australia and the benefits of each.
- Identify the main law-making bodies in Australia and the benefits of each.
Parliament- advantage: they make laws that represent the interests for majority of society
Court- They make laws when there is no existing law or precedent in that particular area. eg. they can make laws that can be used in future cases by lower courts in the same hierarchy when similar facts appear for a case
Statutory authorities: law making bodies that focus on particular areas. Eg. Australia post, vic roads, local councils. The advantage is that they have good knowledge on their particular area meaning they know the issues as well as laws that need to be made particularly
- Describe in detail the process used by Parliament to create law (legislative process).
1st reading: which is where the bill is introduced to the members of the house just the title
* 2nd reading: is where the member who introduced the bill explains their reasoning of decisions as to why they want to propose the law. Members of parliament may ask for the effects of the law such as the costs
* 3Rd reading: The members vote on the bill then if it is passed it goes to upper house
Then the 3 readings happen again in the upper house then if it goes through again the governer signs of on the bill and the date he signs of it becomes an official law.
- Explain the purpose of key steps in the legislative process.
1st reading: members of parliament need to know the exact law that the member wants to propose.
* 2nd reading: the members of parliament need to have an understanding as to why the member would like to propose the bill (the reasoning) as well as the effects of the bill such as the associated costs
3rd reading: the members of parliament need to vote on if they think they law should proceed to the next house.
- Identify, define and distinguish between criminal and civil disputes, using appropriate terminology and examples.
Criminal disputes are those that involve an individual behaving in an unacceptable way being charged by the police or receiving a sanction for their actions. These include murder, arson, exceeding the speed limit or sexual offences.
On the other hand civil dispute involve private people or organizations fighting over an alleged breach of individuals rights such as an individual seeking money to make up for the damages delt to them. Civil disputes include negligence, defamation or trespass. There is no sanction for a civil dispute it is mainly about restoring the damages delt to an indidual through money.
- Identify and distinguish summary and indictable offences.
Summary offences are minor criminal offences which include minor theft, traffic offences such as exceeding the speed limit. On the other hand indictable offences are serious crimes that require trial by judge or jury. This includes the dealing of drugs, arson or murder.
- Identify types of civil disputes.
Some civil disputes are: defamation, negligence, trespassing
Define and explain the key reasons for the existence of a court hierarchy.
- Allows each court to specialize in hearing different types of court cases which means the judges have good knowledge on these types of crimes/cases
- Allows for the appeal process to exist where higher courts can review the decisions of the lower courts
- Allows a precedent which is a legal principle made by a judge would be followed by all the lower courts in the same hierarchy where material facts are similar for that case
- Describe the Victorian Court
- Hierarchy starts with the:
- magistrates-deals with summary offences (minor offences), there is no jury, no appellate jurisdictions and there is a max of 100,000 for restoring damages for civil cases
- County court: followed by the county court which deals with indictable offences, heard by jurys and has a unliminted jurisdiction for the amount of money it can give to an individual during civil cases
- Supreme court trial of division: hears the most serious indictable offences such as murder cases, heard by jury, unlimited jurisidtion for civil cases
Supreme court of appeal: just hears appeals from the county court and supreme court trial of division
- Distinguish between an original and appellate jurisdiction of a court.
Original jurisdiction is when a case is heard for the first time on the other hand an appellate jurisdiction is when a case has been heard before by a lower court and it is reviewed by a higher court.
- Identify the original (criminal and civil) and appellate jurisdictions of the courts in the Victorian Court Hierarchy.
In the magistrates court only original cases can be heard as there is no appellate jurisdictions. In the county and supreme court both original and appellate jurisdictions can be heard as parties have the right to appeal cases if they are dissatisfied with the outcome. In the supreme court of appeal it is only appellate cases meaning it is only parties appealing.
Analyse the advantages and disadvantages of using juries in our legal system.
- Juries are randomly selected citizens who decide the verdict (if the defendant is guilty or innocent) making the system fair and impartial as the jury is made up of random citizens who have no bias against anyone.
Jurors may struggle to understand complex legal procedures, rules of evidence, and legal instructions provided by the judge.
Identify the composition and role of a jury in a criminal/civil dispute.
In a jury there is 12 randomly selected citizens from society to appear at court to determine the verdict of the defendant meaning if they are innocent or guilty. They do not decide the sanction the judge does that.
Define and explain precedent.
- Precedent is a decision or legal principle made by a judge. It must be followed through the lower courts, within the same hierocracy where the material facts are similar in a case.
what are the 4 key principles behind Australia’s legal system?
All individuals are equal before the law
Individuals have the right to a fair hearing
The court system is fair and impartial
individuals have the right to a fair appeal
- Outline in criminal law terms what a sanction is and provide an example of one that is used in Victoria. (2 marks)
A sanction is a penalty to an individual or group of indiduals given to for not abiding the rules of the law. These sanctions include a fine or imprisonment.
