Commerce Test Study

Question 1

Criminal Law

Answer 1

Criminal law deals with how people should behave; that is, what they can and cannot do. Criminal law deals with offenses such as armed robbery, murder, drink driving, fraud, rape, shoplifting, and not paying train fares.

Question 2

Accused

Answer 2

Charged with an alleged criminal offense

Question 3

Witness

Answer 3

A person who gives evidence in court

Question 4

Victim

Answer 4

A person who is injured or killed by another person in an act of violence.

Question 5

Guilty Act

Answer 5

Means that the accused actually committed the offense and
did not just think about doing it (actus reus)

Question 6

Guilty Mind

Answer 6

Means that a person must have intended to commit the crime (mens reus)

Question 7

Legal Capacity

Answer 7

The ability of a person to do something

Question 8

Minor

Answer 8

person under 18 years of age

Question 9

Adult

Answer 9

person over 18 years of age

Question 10

Define Capital Punishment

Answer 10

an offender is put to death

Question 11

Explain the factors that a judge takes into account when sentencing a person

Answer 11

a guilty plea, circumstances of the crime, prior convictions, and the level of hardship that the sentence may cause

Question 12

Provide a description of the 6 forms of punishment

Answer 12

Community Service, Fines, Weekend Detention, Bond, Imprisonment, Capital Punishment

Question 13

Explain the difference between criminal law and civil law

Answer 13

Civil law deals with non-criminal matters involving disputes between individuals and organisations. Criminal law involves doing something that is considered to be an offense.

Question 14

Summarise info about: Politicians make laws

Answer 14

• It can make new laws and change existing ones, which is binding on all courts
• Parliament responds to pressures to make new laws or change existing laws.

Question 15

Summarise info about: Legal advisors specialise in the law

Answer 15

*Lawyers provide legal advice and assistance.
* They represent their clients and conduct their cases at a court hearing. This is their advocacy role.
* Their duty is to argue a case in the best interests of their clients.

Question 16

Summarise info about: Police enforce the laws

Answer 16

• Police do not make the laws; they only enforce the laws
• They also prevent and investigate crime, protect life and property, and maintain peace and order
• Police assist in the prosecution of suspected offenders

Question 17

Summarise info about: Australian Taxation Office (ATO)

Answer 17

• Tax crimes involve hiding cash wages, avoiding paying your taxes, using offshore accounts, and falsely claiming refunds or benefits; these activities are often linked to identity crime, money laundering, and organised crime.
• The Australian Taxation Office (ATO) helps to prevent these crimes by collecting financial data from a range of different sources and cross-checking to detect anomalies or patterns that indicate a tax crime may be committed.

Question 18

Summarise info about: Courts interpret laws

Answer 18

• Courts settle disputes according to strict rules of evidence and procedure
• Court officials are responsible for the administration of the court and the efficient running of a case
• Judges have the ability to create law through the decisions they make when hearing a case: an act of precedent

Question 19

Summarise info about: Law-breakers are punished by courts

Answer 19

• Prisons hold people convicted of a crime
• All offenders must be given the opportunity for rehabilitation
• Imprisonment — loss of freedom — is the harshest form of punishment that can be imposed