Definitions - Criminal & Civil Procedures

Question 1

Define Sentencing

Answer 1

The determination by a court of the sanction to be imposed on a convicted person.

Question 2

Define Sentence

Answer 2

The sanction imposed on someone who is convicted of a crime.

Question 3

Define Aggravating Factors

Answer 3

Any fact or circumstance that increases the severity or culpability of a criminal act.

Question 4

Define Mitigating Factors

Answer 4

Any fact or circumstance that decreases the severity or culpability of a criminal act.

Question 5

Define Bail

Answer 5

Money or sureties put up by a person accused of a crime to assure a court that they will represent themselves for a trial. Bail allows the accused to remain free until the trial. Bail will not be granted if the accused is considered a danger to society. If bail is not granted then the person will be remanded.

Question 6

Define Remand

Answer 6

The act of holding a person in detention between their arrest and their trial. A judge decides whether the person should be granted bail or be held on remand. Remand is used when it is thought that the person could be a danger to the community or fail to appear for trial.

Question 7

Define Sanction

Answer 7

The sentences applied by the courts to a person who has been found guilty of a criminal offence. By applying sanctions the law seeks retribution for the offence, the protection of society from the offender, deterrence of others from offending and the rehabilitation of the criminal so they will not re-offend.

Question 8

Define Remedy

Answer 8

Orders made by a court in a civil dispute to return the plaintiff to the position they were in before the defendant committed the wrong doing.

Question 9

Define Burden of Proof

Answer 9

The requirement that the person who makes a legal claim (plaintiff-civil/prosecution-criminal) is responsible for substantiating their case.

Question 10

Define Standard of Proof

Answer 10

The degree of certainty required in a trial to demonstrate that the defendant committed a civil wrong or a crime.

Question 11

Define Examination in Chief

Answer 11

The first examination of a witness to provide supporting evidence.

Question 12

Define Cross-examination

Answer 12

The examination of a witness from the opposing side to discredit their evidence.

Question 13

Define Re-examination

Answer 13

An optional examination to clarify any implied ambiguities and irregularities by the opposing side.

Question 14

Give 2 examples of remedies and sanctions

Answer 14

Remedies: Damages (monetary award), Injunctions (court order requiring defendant to take or refrain from an action)

Sanctions: custodial sentences, suspended custodial sentences, community work orders, fines/bonds

Question 15

Distinguish between remedies and sanctions

Answer 15

Sanctions are used for criminal offences whereas remedies are used for civil offences

Question 16

Explain the types of sanctions

Answer 16

Custodial sentences: the sentencing of an individual to a prison term.
Suspended custodial sentences: the suspension of a prison sentence on the terms that the individual avoids illegal behaviour for the term of the sentence.
Community work orders: Given to minor and recurrent offenders, it is the requirement to spend an amount of time doing community work.
Fines/Bonds: Both are awarded for summary offences. Fines are monetary penalties. A bond requires an individual to be placed on good behaviour.

Question 17

Key features of the Adversarial Legal Processes

Answer 17

1. Clear pre-trial stage
2. Parties to the dispute are responsible for the preparation and presentation of their case.
3. Parties determine issues to be contested and witnesses called.
4. Case is conducted before an independent and impartial adjudicator.
5. Judge or magistrate is responsible for assuring there is a fair trial.