Headstart/ Foundations

Question 1

What is the role of the Victorian Parliament and Supreme court

Answer 1

Vic Parli= make legislation on residual powers 4 vic, del. law making powers, amend/ change laws w/in vic juri.
Supreme court= hear indic. off., hear appeal from county, statutory interpretation= court on record

Question 2

Define royal assent

Answer 2

formal signing + approval of bill by GG or governor after bill becomes an act of parli

Question 3

Define Crossbenchers

Answer 3

members of parli who are x members of govt. or opp. They are named after the seats provided in parli

Question 4

Define Opposition

Answer 4

political party that holds 2nd largest no. of seats in lower house. Opp Q’s the govt. about policy matters and is responsible for holding govt. accountable

Question 5

Define Government

Answer 5

ruling auth. with power to govern, formed by political parties that hold majority no. of seats in lower house

Question 6

Define Parliament

Answer 6

Formal assembly of rep. of the people that is elected by the ppl. (democratic) and gathers to make laws.
-legal auth. to make laws (legal rules)- eg. statute law

Question 7

Define different treatment

Answer 7

substantive equality whereby if the legal system treats ppl in the same way- doing so causes disadvantage or disparity then measures/ adjustments should be put in place= allow participants in justice system- equal opportunity
-Eg. Koori crt. 1st N.P/ Legal Aid- x afford legal rep

Question 8

Define Equality

Answer 8

All ppl engage w justice system+ process should be treated in the same way. However, same treatment = creates disadvantage/ disparity, adequate measures should be implemented = allow everyone to engage w justice system w/o disadvantage
-LEGI: Charter of Human Rights and Responsibilities 2006 (Vic)

Question 9

Define same treatment

Answer 9

formal equality= all indiv= same treatment+ given same level of support, regardless of their personal differences/characteristics, eg. religion, gender, race
-Eg. All accused= P.O.I/ entitled to a fair trail/ x guilty= access to crt system

Question 10

Define Fairness

Answer 10

All ppl can partic. in the justice system and its processes= impartial and transparent
-Purpose: public confidence= maintained/ innoc. ppl= x found guilty

Question 11

Define Participation

Answer 11

feature = refers to ability for various indiv. - the accused, victim + witness to engage w crim. justice system
-Eg. use of lawyer/ P.O.I/ Victim impact statement

Question 12

Define Impartial process

Answer 12

crt+ personal- inclu. judges/ magistrate/ jury = independent+ impartial. Means that shouldn’t show bias toward either party, case should be devised by facts and laws- not predijucuses
-Eg. both sides= challenge jury/ rando jury= lessens bias from comm.

Question 13

Define Open process

Answer 13

ability for comm. to be informed and scrutinize legal system through process being transparent, allow legal personal to beheld accountable and answerable for their actions
-Eg. allowing comm, media attend crt/ crt judgment= made public

Question 14

Define committal hearing

Answer 14

Referring to whole committal proceedings is a pre-trial procedure that occurs b4 indic. offence held at trial
-Purpose: Ensure prosec. has enough evi + strong case, enter plea, plea negotiations, fairness= up b/c prosec. disclose their case to acc.

Question 15

Define Indictable offence

Answer 15

Serious crime- eg. murder, robbery/ in County crt, sup. crt
-LEGI: Crimes Act 1958 (vic)

Question 16

Define statute

Answer 16

Law made by parli; a bill= pass through parli and x received royal assent (legi/an act)

Question 17

Define common law

Answer 17

law made by judges through decisions made in cases. Also known as case law/ judge made law
-If made in H.C than binding precedent to lower crt

Question 18

Define Presumption of innocence

Answer 18

Key principle w/in crim. justice system whereby a person who has been accused of crim. must be presumed inno. till proven guilty
-How upheld: accused= apply for bail, prior convictions not said till sentencing/ appeal
-LEGI: Charter of Human Rights and Responsibilities Act 2006 (vic)

Question 19

Define Burden of Proof

Answer 19

requirement w/in legal system that paces responsibility on one party to prove facts of case- prosecution

Question 20

What is the role of the High Court and Parliment

Answer 20

High court: create common law, hear constitutional matters (interpret const., hears matter on appl, declare laws made by commonwealth parli invalid (ultra vires)
Parliament: create staute law, codify/ abrogate commonlaw, amend laws to restrict changing comm. values, m.p’s debate and scrutinize over bills

Question 21

Define precedent

Answer 21

principle established in a legal case that should be followed by crts in later cases where the material facts are similar, prec. can be either binding or persuasive

Question 22

Define Indictable offences heard summarily

Answer 22

These are indictable offences but, they can be heard in magistrates crt as it they were summary offences/ magistrates crt/ offence must be in C.P act 2009 list, crt agrees the offence is appropriate for summarily hearing, accused agrees
-LEGI: Criminal Procedure Act 2009 (vic)

Question 23

Define summary offences

Answer 23

minor crimes that are committed by the accused- eg. drink driving, jaywalking/ in magistrates crt/ parties= prosecution and accused
-LEGI: Summary Offences Act 1966 (vic)

Question 24

Define standard of proof

Answer 24

level of proof or in other words the certainty of strength of evidence requested to prove the case
-Beyond reasonable doubt: standard in criminal cases, doesn’t mean no doubt exists at all but no logical or reasonable conclusion can be drawn

Question 25

Define reverse burden of proof

Answer 25

few instances where the burden is reversed- Eg. if the accused defense for their action is mental impairment/ possession of an illegal substance on their property and cannot demonstrate in the crt on the contrary

Question 26

Define Jurisdiction

Answer 26

lawful auth./ power of a crt, tribunal or other dispute resolution body to decide legal cases