Court System and Statutes Flashcards

0
Q

District Court Category 2

A

Imprisonment less than two years or those punishable based sentence or fine (or both) eg : intentional damage

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1
Q

District Court Category 1

A

Fine only - eg Fighting

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2
Q

District Court Category 3

A

Imprisonment for two years or more, with the right to elect trial by jury

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3
Q

District Court Category 4

A

Offences that must be tried by a High Court jury

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4
Q

What is a Statute?

A

A statute is an act of parliament

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5
Q

What is Case Law?

A

When there are legal arguments over sections, words or phrases in court and the judge has to decide the correct meaning which is then binding on lower courts.

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6
Q

What is actus reus?

A

The actus reus is the physical act or effort required to carry out the crime or offence

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7
Q

What is mens rea?

A

The mens rea is the intent of the offender. It refers to the person’s guilty knowledge or what was in their mind when they did the actus reus.

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8
Q

Define Ingredients

A

As well as the actus reus and mens rea, all the separate parts of the offence must be proved. These are known as the ingredients.

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9
Q

Define Criminal Law

A

This deals with imprisonable offences and fine only offences

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10
Q

Define Civil Law

A

This deals with the protection of individual rights, breaches of the rules are called Torts.

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11
Q

List the court system and the four lesser

A

Supreme Court, Court of Appeal, High Court, District Court with Family Court, Youth Court, Jury trials and Judge alone trials.

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12
Q

Define “The Doctrine of Precedent”

A

This doctrine requires lower courts to observe the decision of higher courts when adjudicating.

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