HASS Flashcards

1
Q

Describe the role of a plaintiff in a lawsuit.

A

The plaintiff is the party who initiates a lawsuit by filing a complaint with a court, seeking legal remedy or resolution to a dispute.

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2
Q

Define the term defendant in legal proceedings.

A

The defendant is the party being sued or accused in a court of law.

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2
Q

Explain the responsibilities of a prosecutor.

A

A prosecutor is a legal professional who represents the government in criminal cases, responsible for initiating prosecution, presenting the case, seeking justice, and working with law enforcement.

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3
Q

What is the act of prosecution in legal terms?

A

Prosecution is the act of bringing a case against someone in court.

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4
Q

Describe a civil case and its purpose.

A

A civil case is a legal dispute between two or more parties where one party seeks financial damages or specific performance from another, covering areas like contract disputes, personal injury, and family law.

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5
Q

Explain the focus of contract law.

A

Contract law focuses on protecting individuals who make arrangements, such as buying or selling property or a car.

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6
Q

Define family law and its concerns.

A

Family law is concerned with legal matters such as birth, marriages, and divorces.

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7
Q

What does tort law address?

A

Tort law deals with wrongdoings or failures to take reasonable care, covering actions like negligence, nuisance, defamation, and trespass.

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8
Q

Describe a criminal case and its initiation.

A

A criminal case is a legal proceeding initiated by the government against an individual accused of committing a crime, addressing actions harmful to society.

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9
Q

Explain the goals of a criminal case.

A

The goal of a criminal case is to determine whether the accused is guilty of the alleged crime and to impose appropriate penalties if found guilty.

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10
Q

Identify the types of laws that protect society.

A

Laws that protect society include those that safeguard property, individuals, and the legal system as a whole.

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11
Q

Explain the principle of equal access to justice.

A

Equal access to justice means that the government is responsible for funding courts, ensuring that legal information is available and that people are informed of their rights.

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12
Q

Describe the special assistance provided to individuals with mental health issues in legal contexts.

A

Individuals with mental health issues receive special assistance such as experienced judges, the right to remain silent, legal aid websites, legal aid phones, community centers, and resources like the Gosnells legal resource center.

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13
Q

Explain the principle of equality before the law.

A

The principle of equality before the law ensures that every individual is treated equally in legal proceedings, presumed innocent until proven guilty, and has access to the same legal procedures and trials regardless of their background.

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14
Q

Define the concept of an independent judiciary.

A

An independent judiciary is a judicial branch that operates free from influence or interference from the executive and legislative branches, allowing judges to make decisions based solely on facts and laws without fear of consequences or hopes of rewards.

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15
Q

Explain the principles of justice that are upheld in crime trials.

A

Principles of justice in crime trials include the presumption of innocence, the right to a fair trial, the burden of proof, the right to legal representation, the right to remain silent, the right to a timely trial, and protection against double jeopardy.

15
Q

How does the right to appeal contribute to procedural fairness?

A

The right to appeal allows individuals to challenge potentially inaccurate or unjust decisions, serving as a safeguard against mistakes or biases in lower courts and ensuring accountability.

16
Q

Identify a challenge to justice and explain its implications.

A

Bribery is a challenge to justice where money or goods are offered to corruptly benefit the person offering the bribe, undermining fairness and integrity in legal proceedings.

17
Q

Describe the impact of bribery on legal proceedings.

A

Bribery can persuade individuals not to provide or to alter information, making it difficult to detect. Examples include a driver bribing a police officer to avoid a ticket or a company bribing a foreign official for a contract.

18
Q

Explain the concept of witness coercion.

A

Witness coercion occurs when a party attempts to force a witness to lie, withhold information, or refuse to testify, either physically or verbally, which can be hard to detect.

19
Q

Define tampering with evidence.

A

Tampering with evidence involves changing, hiding, fabricating, or destroying evidence, which can significantly impact legal proceedings and is often difficult to detect.

20
Q

How does trial by media affect legal cases?

A

Trial by media can influence public perception of a defendant’s guilt or innocence before a trial begins, making it challenging for jury members to remain impartial.

21
Q

Discuss the reasons for court delays.

A

Court delays can occur due to lengthy pre-trial procedures, prolonged police investigations, and an increasing number of cases without additional resources, leading to backlogs.

22
Q

Explain the role of a lawyer in the legal system.

A

A lawyer’s role includes informing, advising, assisting, and representing clients, ensuring laws are followed and rights are protected, while also specializing in certain areas and focusing on solutions.

23
Identify the main functions of the High Court.
The High Court deals with disputes between states, appeals from lower courts, constitutional issues, and has a majority rule of judges, with 7 judges presiding.
24
Describe the types of cases handled by the High Court.
The High Court handles disputes between states, appeals from original jurisdiction, federal court, state supreme courts, and constitutional issues.
24
Define the jurisdiction of the District Court.
The District Court deals with serious assaults, sexual assault, serious fraud, theft, armed burglary, and drug offenses. It hears claims between $100,000 and $750,000 and generally imposes a maximum imprisonment of 20 years, with most cases also involving a jury.
24
How many judges are there in the High Court of Australia?
The High Court of Australia consists of 7 judges.
25
Describe the types of cases heard by the Supreme Court.
The Supreme Court hears appeals from supreme, magistrate, and district courts, dealing with the most serious offenses such as homicide, manslaughter, and serious drug offenses. It handles disputes with monetary values upwards of $750,000 and typically involves a jury.
25
Explain the types of cases managed by the Magistrates Court.
The Magistrates Court handles family violence, drug-related offenses, residential tenancy matters, drink driving, unpaid debts, and speeding. It hears claims involving amounts under $100,000 and can impose sentences up to 3 years, including community orders and restraining orders.
26
How do mitigating circumstances affect sentencing in court?
Mitigating circumstances can lead to a reduced sentence or punishment for an offender by lessening the severity of the offense or the offender's blame. Examples include an early guilty plea, duress, lack of a criminal record, age, health issues, rehabilitation efforts, and remorse.
27
What are aggravating circumstances in the context of criminal sentencing?
Aggravating circumstances increase the severity of an offense and may result in a harsher sentence. Examples include lack of remorse, victim vulnerability, the nature of the crime, the defendant's history, offenses committed while on bail or parole, and hate or bias motivations.
28
Describe the role of a spokesperson.
A spokesperson represents the public voice, conveying information and opinions on behalf of a group or organization.