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Legal Studies Unit 1 & 2 > END OF YEAR EXAM > Flashcards

END OF YEAR EXAM Flashcards

1
Q

Victoria Police

A

The role of Victoria Police is to serve the Victorian community and uphold the law to promote a safe, secure and orderly society.

EG:
- talk to victims or witnesses
- question possible suspects
- examine the scene

summary offences = specialised police have the power to prosecute the case

indictable offences = the police will undertake the investigations

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2
Q

Australian Federal Police

A

Investigate and enforce offences that have a federal aspect.

EG:
- aviation crimes
- terrorism
- drug import and exportation

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3
Q

Delegated bodies

A

Bodies parliament has given the power to make/enforce laws, there are state and commonwealth delegated bodies. The two most common delegated bodies in Victoria are Worksafe Victoria and local councils.

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4
Q

WorkSafe Victoria

A

Delegated body

monitor and enforce compliance with the Occupational Health and Safety Act and other statutes

Aims to ensure the health, safety and welfare of employees

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5
Q

Local councils

A

Delegated body

Make and enforce laws in their geographical area

For example, the Food Safety Act 1984 (Vic) establishes a number of offences in relation to food handling.

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6
Q

Institutional powers and individual rights

A

guilty and suspects of crime people have rights eg. the presumption of innocence.

Victoria Police and the OPP have powers to investigate crime and bring offenders to justice

If institutions are given too much power, individuals may be treated unjustly.

If institutions are given too few powers, crime prevention and law enforcement may be impossible.

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7
Q

Stages of a criminal case

A
  1. Arrest
  2. Questioning
  3. Bail
  4. Court proceedings
  5. Imprisonment
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8
Q

Arrest

A

INSTITUTIONAL: ensure the safety or welfare of the public

INDIVIDUAL: informed at the time of arrest the reason for the arrest

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9
Q

Questioning

A

INSTITUTIONAL: the power to question that person within a reasonable time

INDIVIDUAL: informed what they say can be used as evidence and they don’t have to say anything

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10
Q

Bail

A

INSTITUTIONAL: The person deciding on bail may refuse to grant bail or impose certain conditions

INDIVIDUAL: entitled to bail where the case has been adjourned

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11
Q

Court proceedings

A

INSTITUTIONAL: Prosecuting bodies have power to commence criminal action against an accused

INDIVIDUAL: right to be presumed innocent until proven guilty

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12
Q

Imprisonment

A

INSTITUTIONAL: courts have the power to imprison a person

INDIVIDUAL: right to practice a religion

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13
Q

Why do we need a court hierarchy?

A
  • allows for specialisation and expertise
  • enables parties to a court case to appeal to a higher court if they are not satisfied with
    a decision made in a lower court
  • is a necessary part of the doctrine of precedent
  • allows for administrative convenience.
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14
Q

Jury’s purpose

A
  1. Listen to ALL the evidence presented
  2. Listen to any directions given by the judge
  3. Come to either a majority** or unanimous verdict
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15
Q

Purposes of sanctions

A

P PUNISHMENT
victims/families must be able to seek some form of retribution

P PROTECTION
the community needs to be protected

R REHABILITATION
help offender reform their behaviour

D DENUNCIATION
show the courts disapproval

D DETERRENCE
prevent the accused from reoffending (specific deterrence) and prevent the community from offending in the future (general deterrence).

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16
Q

Types of criminal sanctions

A

Imprisonment
Community corrections order
Fines

17
Q

Mitigating factors

A

Mitigating factors – reduce the seriousness of offending

  • duress
  • prospects of rehabilitation
  • personal strain
  • lack of injury/harm caused by the offence
  • full admissions
18
Q

Aggravating factors

A

Aggravating factors – increase the offender’s culpability

  • use of violence
  • taking place in front of children
  • motivated by hatred or prejudice
  • being in a position of trust
19
Q

Alternative approaches to sentencing

A

The Drug Court
The Koori Court; and
Diversionary Programs - summary offences

20
Q

Alternative dispute resolution

A

Mediation
- Cooperative method
- Discuss issues, develop options, and consider alternatives.
- Not binding parties make the decision themselves.
- Ongoing relationship between parties

Conciliation
- assistance of a third party ultimately working towards an agreement made by parties
- Not binding parties make the decision themselves.
- Family court

Arbitration
- independent third party listens to both sides before making a binding decision on the matter
- resolves disputes without formalities of court processes

21
Q

VCAT

A

provides low costs, accessibility, efficiency, independency done by:
- Disallowing legal representation
- Low costs
- Mulitple locations

22
Q

Role of the courts in civil dispute resolution

A
  • Providing specialization and expertise;
  • Managing the case; and
  • Hearing appeals;
  • Deciding on a remedy
23
Q

Original jurisdiction and Appellate jurisdiction

A

Original jurisdiction = power a court has to hear and determine cases for the first time

Appellate jurisdiction = power a court has to review cases on appeal from lower courts

24
Q

Remedies - damages

A

The amount of money to be paid by the defendant to the plaintiff.

  1. Compensatory Damages
    - specific damages = calculated objectively + exactly
    - aggravated damages = humiliation and insult
    - general damages = pain and suffering
  2. Nominal Damages: did not suffer any actual loss
  3. Exemplary Damages = punish the defendant
  4. Contemptuous Damages = legal but not moral right
25
Q

Remedies - injunctions

A

Undertake an action or do something on a temporary or long-term basis

Restrictive injunctions = stopping someone from doing something

Mandatory injunctions = to compel someone to do a particular act

26
Q

Express rights

A

A right that is specifically listed/stated in the wording of the constitution, which means they cannot be removed or altered without a successful referendum

EG. Freedom of religion

27
Q

Implied Rights

A

Protected by the Constitution but are not actually written within the constitution. These rights have been determined to exist, based on the text and wording of the Constitution.

EG. Freedom of Political Communication

28
Q

Declarations

A

A document that outlines a set of standards that nations agree to but are not legally bound to uphold

29
Q

Treaties

A

An agreement between countries to be bound by international law.

30
Q

Arguments for a bill of rights in Australia

A

FOR = strengthen the protection of rights by clearly stating the basic rights of all citizens

AGAINST = basic rights are already adequately protected by hundreds of Acts of Parliament at both state and Commonwealth levels.

Legal Studies Unit 1 & 2 (12 decks)

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