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legal SAC 3 > EXAM > Flashcards

EXAM Flashcards

1
Q

Whats a delegated body

A

its an authority or agency given power by parliment to enforce laws

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2
Q

Examples of delegated bodies

A

Vic Roads
Work cover authority
Consumer Affairs victoria

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3
Q

Give an example of a commonwealth delegated body

A
  • australian tax office (ATO)
  • australian competition and consumer commission
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4
Q

What does distinguish mean

A

to explain how concept’s are different, use words such as”compared to, whereas, however, on the other hand”

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5
Q

Distinguish between institutional rights and individual rights in arrest

A

institutions are able to arrest someone without a warrant , and ensure the safety of the offender whereas the individual has the right to a trial without reasonable delay and the right to remain silent

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6
Q

What are the rights of inividuals in questioning

A

the individual has the right to silence, the individual must be informed of their ability to contact a friend family or lawyer

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7
Q

What are the rights of institutions in court proceedings

A

police are able to prosecute minor offences, the police are able to provide the prosecution with information and evidence for indictable offences

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8
Q

What is the purpose of sanctions?

A

to punish, protect, deter, denounce and rehabilitate the offender

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9
Q

What are the purposes of a court heirarchy?

A

precedent, administrative convienience, appeal and expertise

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10
Q

Role of a jury

A
  • to deliver a guilty or not guilty verdict,
  • to be objective and decide on guilt based on the facts, - listen to evidence in the case,
  • listen to directions from the judge
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11
Q

What are the weaknesses of a jury

A

some cases are considered hard for a normal person to understand. jury members might contain unconscios bias towards a topic, mot al members of society ar able to participate

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12
Q

What are the strengths of a jury

A

independent and impartial, it allows for community involvement and reflection of community values, ensures fairness by requiring members to base verdict on evidence and facts

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13
Q

Who is non eligible for jury duty

A

people who have worked for the police in the last ten years, physically disabled people, people who are unable to understand and communicate in english

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14
Q

Describe a mitgating factor

A

a factor about the offender which might lead the judge into giving a lower sentence

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15
Q

Describe an aggravating factor

A

a factor about the offender which might lead the judge into giving them an increased sentence

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16
Q

Describe the types of sanctions

A

sanctions can range from monetary fines, where a person is charged a set sum of money to repay the costs, a CCO where the person is required to do check in and cant leave the state without permission and imprisonment in a confined faciliyt, where movement of the offender is limited

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17
Q

What is the purpose of the koori court

A

the koori court aims to be informal, reprsent first nations peoples and increase first nation peoples participation

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18
Q

Who is eligible to go to the koori courts

A

offenders who have plead guilty, first nations peoples, the offence must be within the jurisdiction of the Koori court, the offence can not be a sexual or murder offence.

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19
Q

When asked to describe the facts of a case, what do you include

A

the victims, the dates of the offence and trial, and the final verdict and sentence

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20
Q

What is the jurisdiction of a court

A

jurisdiction of the courts is the legal territory of which they can hear the trial for

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21
Q

Whats the benefit of the Koori courts

A

It allows for an engaging, inclusive and less formal justice process

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22
Q

What is meant when asked “discuss the extent of”

A

To describe the degree or level to which a statement, opinion or contention is correct or valid. To discuss the way it does achieve something, and the way it doesn’t achieve something.

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23
Q

What are the roles of a jury (4)

A

to deliver a final verdict, to listen to evidence provided, to listen to orders made by the judges, to be impartial and unbiased in their verdict

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24
Q

What are some Australian delegated bodies

A

Vic Roads, Vic WorkCover authority, environment protection authority

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25
Q

What are the elements of murder

A

The victim is killed, the accused caused the death of the victim, the accused acted voluntarily, the killing was unlawful

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26
Q

Reasons for the court hierarchy

A

for expertise, it allows administrative convenience, it allows for appeal and precedent

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27
Q

Describe imprisonment

A

a sanction that involves
removing the offender
from society for a stated
period of time and
placing them in confined facility with limited movement and free will

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28
Q

Types of sanctions

A

monetary/fines, CCO, and imprisonment

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29
Q

Whats the definition of a crime

A

An act or omission that is against an existing law, harmful to an individual or society and is punishable by law

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30
Q

How is the presumption of innocence upheld?

A

by using a prosecutor, having the standard of proof, ability to apply for bail, the accused is given legal representation

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31
Q

When asked to discuss the extent

A

you describe how a factor does achieve something and how it doesn’t achieve something

32
Q

What are the rights of individuals in questioning

A

The right to silence when being questioned

33
Q

What’s the jurisdiction of the magistrates court

A

indictable offences heard summarily, summary offices such as, traffic, drink driving, property damage, small theft

34
Q

What’s the jurisdiction of the county court

A

appeal and indictable offences except murder and treason, eg. culpable driving

35
Q

What’s the jurisdiction of the supreme court trial division

A

they hear indictable offences such as murder

36
Q

How is presumption of innocence upheld by using the standard of proof

A

the standard of proof in a criminal case must be beyond reasonable, which means the prosecutor has to have sufficient evidence to prosecute the accused. There is a high standard of proof to come to a guilty verdict

37
Q

How is presumption of innocence upheld by using bail

A

a person is allowed bail, which indicates that they are still assumed innocent and are allowed to be in society

38
Q

How is presumption of innocence upheld by using a legal representative

A

the accused is allowed a lawyer to fight against the prosecution and to allow for the accused to be proven innocent

39
Q

How is presumption of innocence upheld by allowing the right to silence

A

the accused does not need to answer any questions, to prevent self incrimination, the accused doesn

40
Q

How is presumption of innocence upheld by allowing for appeal

A

it allows for the accused to get a fair trial if they believe there was an error in the past verdict or sentencing

41
Q

How is presumption of innocence upheld by being arrested by the police

A

the accused is only arrested after sufficient evidence is collected by the police. the police must have reasonable belief

42
Q

What are the 4 elements of murder

A
  • the killing was unlawful
  • the accused acted voluntarily
  • the accused commited acts that caused the death
  • the accused had the intent to kill
43
Q

what is the relationship between courts and parliment (4 features)

A

statutory interpretation, codification, abrogation, courts ability to influence parliament

44
Q

Describe the feature of codification between courts and parliment

A

as the parlimanet has higher authority over courts, if the courst make a law, the parliament can write legislation confimring that law

45
Q

Describe the feature of abrogation between courts and parliment

A

if the courts make a law which the parliament doesnt see fit, they have the authority to abolish or cancel that law.

46
Q

Describe the feature of statutory interpretation between courts and parliament

A

the courts is able to define a law made by parliament, the judge uses a dictionary to look up words int he dictionary and give meaning to words.

47
Q

Describe the feature of courts ability to influence parliament, between parliament and the courts

A

the courts are able to advise or present a law that should be created o the members of parliament for them to legislate. this is good as parliament is able to investigate when making new laws, which puts them in a better position when making laws

48
Q

What is the main roles of courts

A

courts are used to decide innocence and provide a sentence.

49
Q

What is the main roles of parliament

A

to create laws

50
Q

Distinguish between common law and statute law

A

common law is a law that is made in the courts by a judge which can be written as Goldsworthy V Goldsworthy whereas a statute law is a parliament made law which looks like weapons act (2008).

51
Q

Explain what is binding precedent

A

binding precedent is the obligation of the lower is precedent to follow rules made by

52
Q

What is persuasive precedent

A

is a law that doesn’t have to be followed by the lower courts

53
Q

What is the definition of social cohesion

A

the willingness of members of society to cooperate with eachother in order to survive and prosper

54
Q

Distinguish between rules and laws

A

rules are made by individuals or groups which are applied to people of that group and is not enforced by the legal system in contrast to this laws are made by law making bodies such as courts and parliament where they apply to everyone and are enforced by the legal system

55
Q

What are the roles of the legal system

A
  • make the laws
  • enforce the law
  • put the laws into practise
56
Q

Give some examples of summary offences

A

shop lifting, littering, driving offences

57
Q

Give some examples of indictable offences

A

murder, arson, assault

58
Q

List the court hierarchy from top to bottom

A
  • high court
  • supreme court appeal division
  • supreme court trial division
  • county court
  • magistrates court
59
Q

Who are the parties in criminal law

A

offender, accused, lawyers(also the prosecutuoion

60
Q

Whats the definition of a crime

A

An act or omission that is harmful to an individual or society, which goes against an existing law and is enforced

61
Q

How is a principle of fairness achieved give an example

A

the trial and final verdict is to be decided by an impartial and unbiased party.

62
Q

How is a principle of access achieved give an example

A
  • having the ability to research the different legal courts and about the legal system.
  • giving the accused an interpreter to help with understanding the legal system
63
Q

What are some chracterstics of an effective law (5)

A

The law is known, is enforced, is accepted by the society, is clear and is stable

64
Q

What are the stages a bill has to pass before becoming an act of parliament

A

The bill has to be approved by lower and upper house before receiving royal assent

65
Q

What are the reasons of a court hierarchy

A

appeal, specialisation, precedent, administrative connivence

66
Q

What is strict liability

A

an accused does not need to be proven of a having mens rea thereofre

67
Q

What is the age of criminal responsibility

A

the minimum age of which a person can be charged with committing a crime

68
Q

What is doli incapax

A

the inability to commit evil

69
Q

Distinguish between a charge and a conviction

A

Being charged with a crime is only an accusation imposed by the prosecution, and the accused is presumed innocent until proven guilty (without a trial yet), whereas a conviction is where the offender is found or has plead guilty after a trial.

70
Q

what is the accessory offender in a crime

A

the accessory offender helps the principle offender avoid arrest, prosecution and conviction

71
Q

what is a CCO sanction

A

Community corrections order where the offender gives back to the community by volunteer work which is unpaid, picking up litter and house arrest

72
Q

what is social cohesion

A

the social cohesion of the society members, which allows society to prosper free of crime

73
Q

what is recidivism

A

the tendency of a convicted offender to reoffend

74
Q

what is a strength of parliament in making laws

A

they are able to research before making a law, they have the power to officiate common laws

75
Q
A

legal SAC 3 (4 decks)

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