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Legal Studies > Exam Revision U1 + U2 > Flashcards

Exam Revision U1 + U2 Flashcards

1
Q

what are the impacts of murder on the victim and family?

A
  • loss of life
  • disruption to family life
  • trauma, grief, loss, and related medical issues
  • funeral costs
  • loss of household income
  • loss of trust in law and order + community values
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2
Q

what are the impacts of murder on the community?

A
  • cost of publicly funded medical treatment
  • need for coronial services
  • increased need for emergency services
  • loss of workplace productivitiy
  • potential loss of confidence in the legal system + community values
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3
Q

what are the impacts of murder on the offender?

A
  • guilt + shame in causing death
  • legal costs
  • custodial sentence
  • loss of household income if imprisoned
  • diminishes family social status and wellbeing
  • negative influences due to exposure in prison
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4
Q

what are the impacts of theft on the victim and their family?

A
  • stress (especially if stolen items are not recovered)
  • insurance premiums payable by victim (increase if items aren’t recovered)
  • loss of property
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5
Q

what are the impacts of theft on the community?

A
  • increased need for police
  • loss of income for retailers = price increase
  • loss of trust in law and order and community values
  • reduces people’s trust in companies (especially with wage theft)
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6
Q

what are the impacts of theft on the offender?

A
  • guilt + shame
  • legal costs
  • compensation paid to victim
  • potential hardships of incarceration on victim + their family
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7
Q

what rights are protected by negligence laws?

A
  • right to be safe from harm
  • right to be protected from wrongful conduct by others
  • right to seek compensation against people who have acted contrary to negligence laws
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8
Q

what are the defences to negligence?

A
  • contributory negligence
  • assumption of risk
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9
Q

what are the specific defences to theft?

A
  • subjective belief
  • claim of right
  • inability to obtain permission from owner
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10
Q

what are the impacts of negligence on the plaintiff?

A
  • loss of life
  • permanent physical incapacity
  • serious physical injury
  • emotional impact of breach
  • loss of wages + livelihood
  • unemployment
  • effect on mental health
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11
Q

what are the impacts of negligence on the defendant?

A
  • loss of business
  • public humiliation
  • physical injury
  • costs
  • need to sell assets
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12
Q

what rights are protected by defamation laws?

A
  • right to freedomof expression
  • right to be considered of good character and reputation
  • right to have that reputation protected (by placing limits on freedom of exression)
  • right for people whose reputations have been harmed to seek fair and effective remedies
  • right to a quick and effective method of defamation-related dispute resolution
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13
Q

what are the impacts of defamation on the plaintiff?

A
  • loss of reputation
  • emotional impact of defamatory material
  • loss of wages + livelihood
  • unemployment
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14
Q

what are the impacts of defamation on the defendant?

A
  • costs
  • need to sell assets
  • public humiliation
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15
Q

what are the institutional powers in arrest?

A
  • power of arrest without a warrant
  • power to use reasonable force when making an arrest
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16
Q

what are the individual rights in arrest?

A
  • right to refuse to attend a police station unless under arrest
  • right to be informed of reason for arrest at time of arrest
  • right to trial without unreasonable delay
  • right to silence upon arrest
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17
Q

what are the institutional powers in questioning?

A
  • power to question a person in custody within a reasonable time
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18
Q

what are the individual rights in questioning?

A
  • right to be informed that anything they say can be used against them as evidence
  • right to be informed they can communicate with a friend or relative and a legal practitioner
  • right to an interpreter
  • right to private communication with a legal practitioner
  • right to silence (other than providing name and address)
  • right to parent/guardian/independent adult present if under 18
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19
Q

what are the institutional powers in bail?

A
  • power to grant or refuse bail
20
Q

what are the individual rights in bail?

A
  • right to apply for bail
  • right to be granted bail unless required by law to be declined
21
Q

what are the institutional powers in court proceedings?

A
  • power to commence criminal action against an accused
  • power to prepare a case, speak to witnesses, and obtain evidence (for the prosecution)
22
Q

what are the individual rights in court proceedings?

A
  • right to have a competent, independent, impartial court
  • right to the presumption of innocence
  • right to adequate time + facilities to prepare a defence
  • right to be tried without unreasonable delay
  • rigt to legal aid
  • right to an interpreter
  • right to challenge and rebut evidence put against them
23
Q

what are the institutional powers in imprisonment?

A
  • power to imprison an offender for a period of time
24
Q

what are the individual rights in imprisonment?

A
  • right to be in open air for at least an hour each day
  • right to adequate food and dietary requirements being met
  • right to suitable clothing
  • right to access to medical care + treatment + dental care
  • right to special care for mentally ill offenders
  • right to practise a religion
  • right to one half-hour visit per week
25
Q

what are the strengths of the jury system in criminal cases?

A
  • independent + impartial
  • community involvement in the legal system
  • deliberates based on facts and evidence (fairness)
  • spreads responsibility of decision making (instead of single judge)
  • reflects community values
26
Q

what are the weaknesses of the jury system in criminal cases?

A
  • don’t have to give reasons for decisions
  • difficult for ordinary citizens to understand complex cases
  • easily influenced by skilled lawyers + emotions
  • biases play a role in deliberations (even if unintentional)
  • trials can be delayed because legal terms must be explained
27
Q

what does the magistrates’ court have original jurisdiction over?

A
  • summary offences
  • indictable offences heard summarily
  • committal proceedings
  • bail and warrant applications
28
Q

what does the county court have original jurisdiction over?

A
  • indictable offences (excluding murder, attempted murder, certain conspiracies, and corporate offences)
29
Q

what does the county court have appellate jurisdiction over?

A
  • convictions or sentences from the magistrates’ court
30
Q

what does the supreme court (trial division) have appellate jurisdiction over?

A
  • questions of law from the magistrates’ court
31
Q

what are some aggravating factors in sentencing?

A
  • intense nature + gravity of offence (weapons usage, etc.)
  • use of violence + explosives
  • children witnessing offence
  • offence being motivated by hatred or prejudice
  • offender breaching position of trust (parent committing crime against child, etc.)
  • previous criminal behaviour or offending
  • significant impact/suffering on victim (can be demonstrated through victim impact statement)
  • significant injury, loss, or damage to a person or property
32
Q

what are some mitigating factors in sentencing?

A
  • minor nature + gravity of offence
  • offender pleads guilty early in court process (saves time + resources + prevents victims from having to give evidence and relive trauma)
  • offender was acting under duress
  • offender has good prospects of rehabilitation
  • offender was under personal strain
  • lack of injury or harm caused by offence
  • full admissions + cooperation from offender
  • lack of prior offending
  • offender shows significant remorse
33
Q

what are the strengths of courts as dispute resolution bodies?

A
  • judges are impartial
  • reduce delays through active judicial case management
  • court hierarchy means courts are specialised
  • encourages parties to attend mediation
  • both parties presen their cases, procedural fairness
  • can make binding decisions
  • doctrine of precedent
  • appeals
34
Q

what are the weaknesses of courts as dispute resolution bodies?

A
  • too expensive
  • can still be delays
  • formalities mean stressed/intimidated parties
  • onus on parties to prove their case = inconvenience in having to collect evidence themselves
  • legal representation = expensive, unfair disadvantage without legal rep
  • slow to adopt new technology reduces access for those in rural areas especially
  • methods of dispute resolution = difficult for parties to understand
  • doctrine of precedent is difficult to understand
  • right to appeal is not automatic
35
Q

what are the strengths of the jury system in civil law?

A
  • judges are independent and impartial
  • allows the community to be involved
  • deliberations based on evidence means fairness
  • spreads responsibility of decision making across several jurors
  • can effectively determine if a witness is telling the truth
  • selected at random + juror with connections to parties can’t participate
  • reflect community values
36
Q

what are the weaknesses of the jury system in civil law?

A
  • no reason is given for deliberations and decisions (fairness in question)
  • difficult task (especially with large amounts/complex evidence)
  • may be unduly influenced by skilled lawyers + emotions
  • may have biases that play a role in their deliberation
  • expensive to request a jury
  • delays
  • inconsistency in damages assessment
37
Q

what factors are considered when determining the effectiveness of damages?

A
  • type of loss suffered (economic or non-ecnoomic)
  • whether the plaintiff suffered significant physical injury/irreparable damage
  • whether there has been loss of life
  • accuracy of estimate for future loss (loss of future earning capacity)
  • injuries suffered following award of damages
  • whether there is a more appropriate remedy
  • whether damages can adequately compensate for time/stress/inconvenience of court
  • whether the defendant has the capacity to pay
38
Q

what factors are considered when determining the effectiveness of injunctions?

A
  • whether the defendant has already caused too much damage
  • whether the defendant will stop their actions or whether they may do other things to cause the plaintiff loss
  • whether the plaintiff will comply with the injunction
  • whether the plaintiff will be returned to their original position
  • whether there is another remedy more appropriate for the plaintiff
  • whether an injunction can adequately compensate for time/stress/inconvenience of court
39
Q

examples of rights in the victorian charter of human rights and responsibilities?

A
  • right to life
  • right to protection from torture and cruel, inhuman, or degrading treatment
  • freedom of movement
  • freedome of thought, conscience, religion and belief
  • right to take part in public life
  • right to recognition and equality before the law
  • right to a fair hearing
  • right to not be tried or punished more than once
  • right to be provided with legal aid
  • right to be provided with free assistance rom an interpreter
  • right to not be compelled to give evidence against oneself
40
Q

what are the strengths of statute law in rights protection?

A
  • parliament can amend statutes to incorporate further rights as society changes
  • detailed + precise rather than implied
  • enforceable + governmentally recognised
  • parliament can pass laws quickly if there is a need to protect rights
41
Q

what are the weaknesses of statute law in rights protection?

A
  • parliament can amend statutes ot limit rights
  • parliament can include restrictions to rights in statutes
  • statutes don’t always enable damages to be awarded
  • not as well protected as constitutional rights
42
Q

what are the strengths of common law in rights protection?

A
  • courst are independent from parliament + can establish precedent without political proessure
  • courts can establish rights in areas that parliament hasn’t
  • can highlight parliamentary gaps in rights + encourage parliament to change the law
  • are usually not overly interfered with by parliament
43
Q

what are the weaknesses of common law in rights protection?

A
  • not as easy to define or identify as statute laws
  • have to wait for a case in order to declare rights
  • parliament can abrogate common law rights
  • sometimes courts are reluctant to recognise rights in favour of parliament doing it instead
  • judges decisions only apply to specific rights in dispute in a case
44
Q

what are the strengths of the constitution in rights protection?

A
  • express rights can only be changed through a referendum
  • implied rights exist
  • statutes cannot breach rights, constitutional rights are fully enforceable (any statute that breaches constitutional rights can be declared invalid)
  • high court can interpret the meaning of the constitution so it reflects societys values + create implied rights
45
Q

what are the weaknesses of the constitution in rights protection?

A
  • difficult to change and update due to referendum process
  • limited scope of rights protected (only 5 express rights)
  • high court challenges of constitution to create implied rights are expensive and time consuming
  • high court can only interpret the meaning and declare infringements of rights once a case comes forward involving said right

Legal Studies (10 decks)

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