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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
trial by a jury
involve mebers of community impaneled to listen to fcts of case and give verdict
26
factors consider sentancing
aggravating factors mitagating factors guilty plea victmi impact statement
27
mitigating factors
circumstances relating to case in which deacrese the offenders culpability
28
aggravating factors
circumstances relating to case in which it increases offenders culpabilities and severnce of a crime
29
civil case key concepts
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
30
class action
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
31
ADV and DIS on class action
Advantages- group members less cost more accesable, litigation funders take cost out disadvantegs- lose individualisation of case aswell lose control of case
32
purpose of sanctions
punishment deterence denunciation rehabilitation protection
33
punishment
to penalise the offender for there actions
34
rehabilitation
reform the offender and prevent them from re offending
35
deterenece
process in which sanctions which discourage offender and community from commiting similair offence
36
denunciation
demonstrate the communities dissapproval with offender actions
37
Role of Legal practioners
comply with there duty to court present there clients case in best light inform the accused on legal rights
38
role of parties[prosecutor and accused]
give open and close statemets presnet case in court make submissions
39
Types of sanctions
fines improsentment community corrections order
40
fine
a monatory amount of money paid from offender to state
41
imprisonment
sanction includes th removal of offender from society
42
community corrections order
cco is supervised sentance in which offender is in communty in special conditions
43
Limitations of action civil
restrictions place on time in which a civil case can be commenced in eg defemation 1 year
44
enforcement issues
complications that can occur during apllication and execution if court order eg whether the defendent will pay
45
Consumer affairs [cav]
purpose is to conciliate disputes between consumer and traders, tenants and landlords it aswell encourages people to exercise there consumer rights
46
cav appropriate when
it's with jurisdiction likley and parties are willing to cooperate
47
vcat purpose and simply role
to hear civil claims more efficently and effectivly it reduces the cost compared to court as there are less pre trial procedures involved
48
VCAT Appropriate v Innaporiate
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
VCAT Characteristic
tribunral jurisdiction is adminastrative disputes uses mediation and others some cost eg filing fees
50
CAV Characteristics
complaints body jurdscition supply and goods services uses concliation concilation free
51
Civil court heirachy reasons
administravie conveinience appeals
52
administrative conveinince
allows civil cases to be heard accordingly to its seriousness and complexity
53
section 109 states
when law of state and commonwealth inconsistent,the letter shall prevail and the former shall to the extent of inconsitncy become invalid
54
seperation of powers
judicial legislative executive
55
executive power
to administer laws
56
legislative
to make laws
57
judicial
to enforce laws
58
5 express rights
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
express rights
that are specifically listed in constition
60
high court cannot
change wording of constituion but instead give meaing to words
61
high court power s76
gives commonwealth power to provide high court jurisdiction to handle disputes involving commonwealth
62
Factors that affect parliment law making
Bicameral structure[2house] representative goverment international pressures
63
state parliment
governer legislative council 40 legislative assembly 88
64
commonwealth parliment
governer genral senate 76 house of reps 151
65
Role of the crown
grant royal assent withold royal assent appoint executive council
66
Law making powers
exclusive residual concurrent
67
exclusive powers-
law making powers exercised by only commonwealth
68
concurrent powers
powers that are shared between the commonwealth and state
69
residual powers
powers that are left over to the state
70
mediation charactersitics
third party mediator listens to both sides of dispute and can facilitate discussion
71
concilation characteristics
third party concilator listens to both sides of dispute can make suggestions but must remian unbiased
72
arbirtration
third party arbirtrator listens to both sides of dispute and provides legally binding decision
73
remedy purpose
to resotre the plantiff to postion before harm occured
74
2 types of remedys
injunctions damages
75
Damages purpose
amount of money paid to plantiff from defendent to compensate form harm or loss
76
injunctions purpose
a court order which prohibts someone from certain act in order to rectify situation caused bu person found to be in the wrong
77
Reason for statutory interpretation
problem occur through drafting problems occur through apllication
78
effects on statutory interpretation
develops a new precedent giving meaning to words and phrses scope a new legislation
79
Factors affect courts in law making
docterine precedent judicial activsm and conservitism cost to bring court case requiremnt for standing
80
docterine precedent
use of past cases decisons, it allows for consistency and fairness ensure all cases treated in same way
81
judicial activism and conservitism
activism- judge considers wide range of social and politcal factors coservitism- judge adopts caustion and maintains stable decision making
82
realation ship between courts and parliment
supermacy of parliment court infulence parliment statutory interpretation- abrogation and codicication
83
supermacy of parliment
parliment surpreme law making body they can make and change laws if its within constitutional powers, they can pass legislation to overide courts
84
court influence parliment
judges can make comments when hamding down judgemnets 'obier dictum'
85
codification of common law
parliment can pass legislation that confirms the precedent set by court
86
abrogation of common law
parliment can pass legislation tht abrogates the precedent set by courts
87
reasons for law reform
change in social views and val advances in tech need for protection change in political, social and economic conditions
88
individuals influence law reform
petitions and demonstrations
89
demonstrations
group of people come togethor to express common disatisfaction with an existing law
90
petitons
formal writing request for action in area of law reform
91
s and w demonstrations
s- can atract free socail media and raise awarenss w- can turn violent and bring negitive attention aswell hard to plan
92
s and w petitions
s- simple and easy aswell inexpensive w- parliment recives hundreds a year and no oblgation to implement law reform
93
role of traditonal media
to exam and inform people on legal issues
94
role of social media
communicate and inform those aswell comment and state opinion
95
S109 Frankilin dam case
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
franklin dam significance
granted commonwealth greater law making powers and deacresed sates
97
1967 referendum aim
change the wording of s51 'to make laws of any people other then aborignal' 1967 removed words 'other then aboriginal'
98
2023 refrendum shows
lack of biapartisian support is significant factor on sucessful referendum
99
2023 referendum significance
shows almost impossible for constitional reform with out biaparistn support
100
vlrc role
to monitor and coordirnate law reform in victoria, advice the goveremnt through reccemondations to improve and update law
101
vlrc strength and weakness
s- able to investigate issue and dircect connection to the attorney genral w- no obligaton to implement the reccemondations amde
102
parliment ways to respond to law reform
parliment can investigate issue and need for law refrom through parlimenty commitee aswell parlimetn surpreme law making body
103
courts respond to law reform
make decision without pressure and judges decalre there views aswell judges can highlight there promblems and issues to raise awareness
104

Legal Studies (6 decks)

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