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Law and justice in society > Exam revision > Flashcards

Exam revision Flashcards

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1
Q

Delegated Legislation definition

A

delegated legislation is a law made by someone not in parliament but given power to make that law by parliament

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2
Q

Actus reus definition

A

Committing the act

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3
Q

mens rea definition

A

Having a guilty mind, it was premeditated at any point even seconds before. Not an accident.

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4
Q

Prosecution definition

A

Legal proceedings against someone in criminal law

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5
Q

Indictable offence definition

A

A very serious offence

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6
Q

Summary offence definition

A

Smaller not so serious offence

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7
Q

magistrates court

A

First level of court system: deals with summary offences eg traffic infringement, shoplifting, disorderly behavior. More serious offences: burglary, assault, fraud and drugs.

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8
Q

County court

A

Determines criminal, common law and commercial matters

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9
Q

Murder definition

A

unlawful premeditated killing of one human being to another

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10
Q

manslaughter definition

A

crime of killing another human being without malice aforethought. Not premeditated

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11
Q

Criminal Law definition

A

a system of law concerned with the punishment of offenders

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12
Q

Civil Law definition

A

A system of law concerned with private relations between members of a community rather than criminal, religious of military affairs

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13
Q

Common Law

A

derived from england and passed down from generation. is used as precedent if judges need to make a decision not covered by legislation

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14
Q

Plaintiff definition

A

a person who brings the case into a court of law

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15
Q

Negligence definition

A

Failure to exercise a degree of care or caution necessary to protect others from harm.
Elements: duty, affirmative duty, rendering aid, breach of duty, causation(direct, proximate), damages

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16
Q

Supreme Court

A

hears the most serious criminal, and complex civil cases is the state. highest court in Victoria.

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17
Q

Statutory Law

A

written law passed by a body of legislature. Steps:
MP prepares bill
first reading - title give copy to MPs
Second reading - why, debate
Third reading - discuss, change, vote
Other house - repeat readings if voted no, repeat
GG - royal assent,effect

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18
Q

High Court

A

interpret and apply law of australia. hear against decisions of other courts. deals with the constitution

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19
Q

Causation definition

A

Direct and proximate cause by the defendant resulting in harm to the plaintiff.

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20
Q

Remedy definition

A

in civil law it is the sanction to help remedy the victim. apology, compensation, promotion ect.

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21
Q

Defendant definition

A

individual, company sued or accused in the court of law

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22
Q

Social Cohesion definition

A

the strength of relationship between members of a communit

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23
Q

Sanctions definition and purposes

A

punishment imposed by the court : community correction, fine, imprisonment
purposes:
rehabilitation, punishment, deterrence, denunciation, protection

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24
Q

Defamation definition

A

harming another persons reputation

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25
Q

RECKS

A

Characteristics of an effective law:
Reflect society’s values
Enforceable
Clear and understood
Known
Stable

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26
Q

Principles of Justice

A

Equality, fairness, access

27
Q

2 reasons for Court Hierarchy

A

If a person does not agree with a decision they can appeal to the court ranked higher
Specialisation: each court has different purposes, speeding up the court processes.

28
Q

Difference between criminal and civil law

A

Civil law focuses on disputes between parties
criminal law is when prosecutions are brought up against individuals or companies when a lawis broken

29
Q

purposes of the law, examples

A

Maintaining order, resolving disputes, protecting human rights, establishing standards, preventing harm to civilians
examples: roads, tax ect.

30
Q

Elements of murder

A

There are 6 elements of murder:
The killing is unlawful
The victim is a human being
The accused was a person over the age of discretion (10y in Australia)
The accused caused the victim’s death(causation, direct link)
The accused person was of sound mind
There was a malice forethought and afterthought

31
Q

Defences to murder

A

The 5 defences to murder are:
Self defence
Mental impairment
Duress - a belief that a threat exists
Sudden or extraordinary emergency - usually traffic offences
Involuntary actions - intoxicated, automatism

32
Q

Judge considerations when sentencing

A

Aggravating and mitigating factors, priors, mental impairment, remorse, guilty plea, assault on arrest, crime and the severity, evidence to support the case, standard sentence, culpability(how much they are to blame, victim impact

33
Q

Anarchy definition

A

the absence of rule or law or of settled government

34
Q

Aggravating and mitigating factors

A

Things that lessen or worsen your sentence

35
Q

Upper House

A

senate, 76 seats, proportional voting 6 year position

36
Q

Labour party

A

Major centre left political party

37
Q

Lower House

A

house of reps
151 seats, preferential voting, 3 year position

38
Q

Bicameral definition

A

2 houses

39
Q

member of parliament definition

A

in house of reps, forms gov

40
Q

Parliament

A

consists of the two houses and the king represented by the governor general

41
Q

liberal Party

A

centre right political party

42
Q

Referendum

A

to change constitution

43
Q

Governor general

A

represents the king, signs off on new bills

44
Q

Bill definition

A

a proposal for law or legislation

45
Q

treaty,Act definition

A

eliminating racial discrimination,
racial discrimination act

46
Q

Liberal democracy

A

emphasises the seperation of powers

47
Q

Safeguards and threats to democracy

A

safeguards:
commonwealth
separation of powers
voting for mp’s and pms
expressed rights
fair and equal elections
constitution
victorian charter of human rights
Threats:
republic debate
media
social media
war
ageing population
global events vested interest groups eg banks businesses.

48
Q

separation of powers

A

legislative, judicial and executive

49
Q

implied rights

A

rights that underlie actual words in the constitution but are not explicitly stated in the constitution.

50
Q

Indos system of gov

A

3 levels: legislative, executive and judiciary
in political parties 30% must be women
Death penalty
republic
lower house 575 seats
upper house 136
bill doesn’t have to be passed through both houses
elections held every 5 y onb the same day
must be 17yo or married to vote

51
Q

3 levels of gov, responsibilities

A

Federal:
Currency
Defence
Marriage
Customs and border protection
Australian citizenship

State:
Primary and secondary education
Health services
Water
Electricity
Public transport

Local:
Local infrastructure (e.g. roads, footpaths, waste collection)
Recreational facilities(e.g. Parks libraries, swimming pools)
Age care facilities
Child care facilities

52
Q

Australia’s relationship with UN

A

one of the 51 founding members, australia funded 12.725 million to the united nations development programme (UNDP) and 21 million to the United nations children fund (UNICEF)

53
Q

explain definition

A

why/how, cause and effect

54
Q

compare definition

A

similarities and differences

55
Q

Evaluate definition

A

strengths and weaknesses

56
Q

Describe definition

A

characteristics of a feature

57
Q

identify definition

A

name it

58
Q

Discuss definition

A

points for and against an argument

59
Q

Justify definition

A

prove a statement with evidence

60
Q

Examine definition

A

establish key facts and important issues related to the topic

61
Q

Distinguish definition

A

what is the difference

62
Q

Define definition

A

provide a definition

63
Q

outline definition

A

provide a brief summary

Law and justice in society (2 decks)

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