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Legal Studies > EXAM BABY LFGGG > Flashcards

EXAM BABY LFGGG Flashcards

1
Q

Fairness def

A

all people able to participate in justice system fairly and all its impartial and open processes

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2
Q

Acess def

A

allpeople should be able to engage with justice system and all its procecess with acess to court materials and understand legal rights

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3
Q

equality def

A

all people should be able to engage with the justice system equally

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4
Q

fairness refers to

A

fair processes and hearing ensure understand procedures, and adequate legalrep

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5
Q

acess refers to

A

people understand there legal rights and acess to court materials

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6
Q

equality refers to

A

equal oppurunity to present case and everyone treadted fairly before the law

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7
Q

Fairness v equality

A

fairness is treat diffrently to application of law not personal characteristics and present case strict rules wheras equality is equal opp to present case and everyone come before law treat failry

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8
Q

Institutions achive acess

A

VLA
CLC
Koori court

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9
Q

institution achive fairness

A

impartial judge and jury
open public hearing
koori court

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10
Q

rights of victim

A

right to give evidence as vunrable witness- victims acess provisionsto protect and support them give evidence
right to be informed about proceedings- enitiled to info about investigation eg detail on charges and outcome
right to be informed on likley realese date- must be on victims register to be entilted to be informed on length of sengance and earlist realese date

all under victims charter act 2006

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11
Q

Victorian legal aid purpse

A

purpose- provide legal rep and advice to those unable to acess thease services eg low socio economic

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12
Q

vla roles

A

free legal advice
freelegal info
duty service lawyer
grant legal assiastance

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13
Q

Community legal center purpose

A

provide efficent low cost legal service and advice

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14
Q

role of clc

A

prove legal rep and advice at low cost or no cost and educate community on legal rights

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15
Q

plea negotions def

A

discussion between prosecution and accused to work out agreement on the chrages laid

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16
Q

plea negotiations purpose and appropriate

A

purpose- save money and recources aswell protect victim from future trauma

appropritate- strength of evidence and when willing accused to plead guilty

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17
Q

Court heirachy order

A

high court
surpreme court of appeal
surpreme court trial division
high court
magistrates court

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18
Q

reasons for court heirachy

A

appeals- those have grounds to appeal, party may be unhappy with decision amde and can take it up with higher court

specialisation- allows court to gain an expertise in certain cases eg magistartes with minir offences

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19
Q

Role of the judge criminal

A

Manage the trail- ensure all correct procedures are followed

decide on evidence admissable- judge enusres evidence compliant with [evidence act 2008]
attend jury manners
decide on sentance

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20
Q

role of jury

A

be objective and remian unbiased

listen and remember evidence

deliver guilty or not guilty verdict

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21
Q

criminal key concepts

A

burden of proof- obligation of party to prove case in court falls on prosecution

standard of proof- the extent to which case must be proved in court[beyond reasonable doubt]

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22
Q

rights of accused

A

righ to trial without unreasonable delay and right to scilence fall under charter of human rights [2006]

right to trial by jury prootected by[aus constitution]

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23
Q

right to trial unresoanble delay

A

right to one charges heard in tiomley manner and delays only occur reasonably

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24
Q

right to scilence

A

person suspected of commiting criminal offence able to reamin silent in presence of authoritys

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25
Q

trial by a jury

A

involve mebers of community impaneled to listen to fcts of case and give verdict

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26
Q

factors consider sentancing

A

aggravating factors
mitagating factors
guilty plea
victmi impact statement

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27
Q

mitigating factors

A

circumstances relating to case in which deacrese the offenders culpability

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28
Q

aggravating factors

A

circumstances relating to case in which it increases offenders culpabilities and severnce of a crime

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29
Q

civil case key concepts

A

burden of proof- obligation of party to ptove case in court often falls on plantiff

standard of proof- extent to which defendent must be proven liable in civil it is on the balance of probabilities

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30
Q

class action

A

a civil claim in which a lead plantiff brings case agaisnt a defendent with 7 ore more group members that have experianced similair circumstances against same defendent

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31
Q

ADV and DIS on class action

A

Advantages- group members less cost more accesable, litigation funders take cost out

disadvantegs- lose individualisation of case aswell lose control of case

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32
Q

purpose of sanctions

A

punishment
deterence
denunciation
rehabilitation
protection

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33
Q

punishment

A

to penalise the offender for there actions

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34
Q

rehabilitation

A

reform the offender and prevent them from re offending

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35
Q

deterenece

A

process in which sanctions which discourage offender and community from commiting similair offence

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36
Q

denunciation

A

demonstrate the communities dissapproval with offender actions

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37
Q

Role of Legal practioners

A

comply with there duty to court
present there clients case in best light
inform the accused on legal rights

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38
Q

role of parties[prosecutor and accused]

A

give open and close statemets
presnet case in court
make submissions

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39
Q

Types of sanctions

A

fines
improsentment
community corrections order

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40
Q

fine

A

a monatory amount of money paid from offender to state

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41
Q

imprisonment

A

sanction includes th removal of offender from society

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42
Q

community corrections order

A

cco is supervised sentance in which offender is in communty in special conditions

43
Q

Limitations of action civil

A

restrictions place on time in which a civil case can be commenced in
eg defemation 1 year

44
Q

enforcement issues

A

complications that can occur during apllication and execution if court order
eg whether the defendent will pay

45
Q

Consumer affairs [cav]

A

purpose is to conciliate disputes between consumer and traders, tenants and landlords
it aswell encourages people to exercise there consumer rights

46
Q

cav appropriate when

A

it’s with jurisdiction likley and parties are willing to cooperate

47
Q

vcat purpose and simply role

A

to hear civil claims more efficently and effectivly

it reduces the cost compared to court as there are less pre trial procedures involved

48
Q

VCAT Appropriate v Innaporiate

A

in- although though it cost less can be expensive aswell can take awhile due to back logs

app- within jurisdiction and whether the parties prefer the formality of courtroom

49
Q

VCAT Characteristic

A

tribunral
jurisdiction is adminastrative disputes
uses mediation and others
some cost eg filing fees

50
Q

CAV Characteristics

A

complaints body
jurdscition supply and goods services
uses concliation
concilation free

51
Q

Civil court heirachy reasons

A

administravie conveinience
appeals

52
Q

administrative conveinince

A

allows civil cases to be heard accordingly to its seriousness and complexity

53
Q

section 109 states

A

when law of state and commonwealth inconsistent,the letter shall prevail and the former shall to the extent of inconsitncy become invalid

54
Q

seperation of powers

A

judicial
legislative
executive

55
Q

executive power

A

to administer laws

56
Q

legislative

A

to make laws

57
Q

judicial

A

to enforce laws

58
Q

5 express rights

A

right to
freedom of religon[116]
free interstae and trade commerce [92]
recive just terms when aquiring property[51]
trial by jury for indictable offence[80]
not be discrimminated on bases what state you reside in [11]

59
Q

express rights

A

that are specifically listed in constition

60
Q

high court cannot

A

change wording of constituion but instead give meaing to words

61
Q

high court power s76

A

gives commonwealth power to provide high court jurisdiction to handle disputes involving commonwealth

62
Q

Factors that affect parliment law making

A

Bicameral structure[2house]
representative goverment
international pressures

63
Q

state parliment

A

governer
legislative council 40
legislative assembly 88

64
Q

commonwealth parliment

A

governer genral
senate 76
house of reps 151

65
Q

Role of the crown

A

grant royal assent
withold royal assent
appoint executive council

66
Q

Law making powers

A

exclusive
residual
concurrent

67
Q

exclusive powers-

A

law making powers exercised by only commonwealth

68
Q

concurrent powers

A

powers that are shared between the commonwealth and state

69
Q

residual powers

A

powers that are left over to the state

70
Q

mediation charactersitics

A

third party mediator
listens to both sides of dispute and can facilitate discussion

71
Q

concilation characteristics

A

third party concilator
listens to both sides of dispute
can make suggestions but must remian unbiased

72
Q

arbirtration

A

third party arbirtrator
listens to both sides of dispute
and provides legally binding decision

73
Q

remedy purpose

A

to resotre the plantiff to postion before harm occured

74
Q

2 types of remedys

A

injunctions
damages

75
Q

Damages purpose

A

amount of money paid to plantiff from defendent to compensate form harm or loss

76
Q

injunctions purpose

A

a court order which prohibts someone from certain act in order to rectify situation caused bu person found to be in the wrong

77
Q

Reason for statutory interpretation

A

problem occur through drafting
problems occur through apllication

78
Q

effects on statutory interpretation

A

develops a new precedent
giving meaning to words and phrses
scope a new legislation

79
Q

Factors affect courts in law making

A

docterine precedent
judicial activsm and conservitism
cost to bring court case
requiremnt for standing

80
Q

docterine precedent

A

use of past cases decisons, it allows for consistency and fairness ensure all cases treated in same way

81
Q

judicial activism and conservitism

A

activism- judge considers wide range of social and politcal factors
coservitism- judge adopts caustion and maintains stable decision making

82
Q

realation ship between courts and parliment

A

supermacy of parliment
court infulence parliment
statutory interpretation- abrogation and codicication

83
Q

supermacy of parliment

A

parliment surpreme law making body they can make and change laws if its within constitutional powers, they can pass legislation to overide courts

84
Q

court influence parliment

A

judges can make comments when hamding down judgemnets ‘obier dictum’

85
Q

codification of common law

A

parliment can pass legislation that confirms the precedent set by court

86
Q

abrogation of common law

A

parliment can pass legislation tht abrogates the precedent set by courts

87
Q

reasons for law reform

A

change in social views and val
advances in tech
need for protection
change in political, social and economic conditions

88
Q

individuals influence law reform

A

petitions and demonstrations

89
Q

demonstrations

A

group of people come togethor to express common disatisfaction with an existing law

90
Q

petitons

A

formal writing request for action in area of law reform

91
Q

s and w demonstrations

A

s- can atract free socail media and raise awarenss

w- can turn violent and bring negitive attention aswell hard to plan

92
Q

s and w petitions

A

s- simple and easy aswell inexpensive

w- parliment recives hundreds a year and no oblgation to implement law reform

93
Q

role of traditonal media

A

to exam and inform people on legal issues

94
Q

role of social media

A

communicate and inform those aswell comment and state opinion

95
Q

S109 Frankilin dam case

A

The high court interpreted broadly under the external affaris s51 it can pass laws in areas of residual powers to meet the obligation of bona fide treaty

96
Q

franklin dam significance

A

granted commonwealth greater law making powers and deacresed sates

97
Q

1967 referendum aim

A

change the wording of s51 ‘to make laws of any people other then aborignal’ 1967 removed words ‘other then aboriginal’

98
Q

2023 refrendum shows

A

lack of biapartisian support is significant factor on sucessful referendum

99
Q

2023 referendum significance

A

shows almost impossible for constitional reform with out biaparistn support

100
Q

vlrc role

A

to monitor and coordirnate law reform in victoria, advice the goveremnt through reccemondations to improve and update law

101
Q

vlrc strength and weakness

A

s- able to investigate issue and dircect connection to the attorney genral

w- no obligaton to implement the reccemondations amde

102
Q

parliment ways to respond to law reform

A

parliment can investigate issue and need for law refrom through parlimenty commitee aswell parlimetn surpreme law making body

103
Q

courts respond to law reform

A

make decision without pressure and judges decalre there views aswell judges can highlight there promblems and issues to raise awareness

104
Q
A

Legal Studies (6 decks)

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