Inquisitorial System: Burden And Standard Of Proof Flashcards by daniel Gonnella | Brainscape

Q

Why isn’t there any formal burden or standard of proof in the Inquisitorial System

A

The judge is responsible for bringing evidence and finding the truth

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3/4- Legal (358 decks)

Overview Of Australian Parliamentary System

Representative Government

Representative Government - In Depth

Representative Government - Strengths/limitations

Responsible Government

Responsible Government - In Depth

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Separation Of Powers

Separation Of Powers - In Depth

Commonwealth Parliament Structure

Victorian Parliament Structure

Governor General

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The Senate Structure

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2010 Hung Parliament

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Double Dissolution

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Parliament As A Law Maker

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Law Change: Changing Values And Attitudes

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Effectiveness Of Demonstrations

Effectiveness Of Media

Victorian Law Reform Commission

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Law Reform Process

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VLRC: Medicinal Cannabis

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Legislative Process

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Changing The Division Of Law Making Power

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Referendum Process Under S128

Referendum Process; In Depth

Division Of Power And Referendums

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Reasons Affecting Success Of A Referendum: Double Majority

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Sections Relating To High Court

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Role Of The High Court

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Australia- Constitutional Protection Of Rights

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The Express Rights

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Judicial Determination

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Strengths Of Judicial Determination

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Similarities Between Court And VCAT

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Strengths Of Courts

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Strengths Of VCAT

Weaknesses Of VCAT

Elements Of An Effective Legal System: Fair And Unbiased Trial

Elements Of An Effective Legal System: Effective Access To The Legal System

Elements Of An Effective Legal System: Timely Resolution Of Disputes

Adversary System: Role Of Parties

Role Of Parties: Application To Adversary System

Adversary System: Role Of The Judge

Role Of Judge: Application To Adversary System

Adversary System: Burden And Standard Of Proof

Adversary System: Need For Legal Representation

Legal Representation: Application To Adversary System

Adversary System: Need For Rules Of Evidence And Procedure

Adversary System: Rules Of Procedure

Adversary System: Rules Of Evidence

Rules Of Evidence And Procedure: Application To Adversary System

Inadmissable Evidence

Strengths Of Adversary System

Weaknesses Of Adversary System

Inquisitorial System: Role Of The Parties

Inquisitorial System: Role Of The Judge

Inquisitorial System: Burden And Standard Of Proof

Inquisitorial System: Rules Of Evidence And Procedure

Inquisitorial System: Role Of Legal Representation

Strengths Of Inquisitorial System

Weaknesses Of Inquisitorial System

Comparison Of The Systems

Possible Reforms To The Adversary System

Police Investigation

Right To Remain Silent

Purposes Of Criminal Pre-trial Procedures

Conditions Of Bail

Purpose Of Bail

Considerations For Bail

Examples Of Bail

Purpose Of Remand

Committal Proceeding

Purposes Of Committal Proceeding

Filing Hearing ( Committal Proceedings )

Compulsory Examination Theory ( Committal Proceedings )

Committal Mention Hearing ( Committal Proceedings )

Committal Hearing ( Committal Proceedings)

Procedure After Committal Proceedings

Direct Indictment

Strengths Of Bail ( Pre-trial Procedure )

Strengths Of Remand ( Pre-trial Procedure )

Strengths Of Committal Hearings ( pre-trial procedure )

Weaknesses Of Bail ( Pre-Trial Procedure )

Weaknesses Of Remand ( Pre-Trial Procedure )

Weaknesses Of Committal Hearings ( Pre Trial Procedure )

Legal representation

Double Jeopardy Rule

Punishment ( Purpose Of Sanctions )

Deterrence ( purpose of sanctions )

Rehabilitation ( Purpose Of Sanctions )

Denunciation ( Purpose Of Sanctions )

Protection ( Purpose Of Sanctions )

Abolition Of Suspended Sentences ( Sanction )

Introduction Of Baseline Sentencing

6 Baseline Sentences

New Mandatory Sentencing ' One Punch ' Laws

Community Correction Order (CCO)

Sentencing Aims Of A CCO

Court Secure Treatment Order

Drug Treatment Order (DTO)

Sentencing Aims Of DTO

Adjourned Undertaking

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Sentencing Aims Of Fines

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How Is A Fair/Unbiased Hearing Achieved

How Is A Fair/Unbiased Hearing Limited

How Is Effective Access Achieved

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How Is Timely Resolution Achieved

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CIVIL LAW BELOW

Sending A Letter Of Demand

Supreme Court Pre-Trial Proceedings

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Directions Hearing

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Mediation ( Second Last Sac )

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Strengths Of Discovery ( Pre Trial Procedure )

Strengths Of Mediation ( Pre Trial Procedure )

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Weaknesses Of Directions Hearings ( Pre Trial Procedure )

Weaknesses Of Discovery ( Pre Trial Procedure )

Weaknesses Of Mediation ( Pre Trial Procedure )

Trial Procedure In Supreme Court

Compensatory Damages

Nominal Damages

Contemptuous Damages

Exemplary Damages

Order Of Specific Performance

How Is A Fair/Unbiased Hearing Achieved (civil)

How Is A Fair/Unbiased Hearing Limited (civil)

How Is Effective Access Achieved (civil)?

How Is Effective Access Limited (civil)

How Is Timely Resolution Achieved (civil)

How Is Timely Resolution Limited (civil)

Changes To Bail Laws

Jury Directions

Double Jeopardy

Recommendations For Change (Criminal)

Civil: Fair And Unbiased (Contribution)

Civil: Fair And Unbiased (Hindering)

Civil: Fair And Unbiased (Recent Changes)

Civil: Fair And Unbiased (Recommendations For Change)

Civil: Effective Access (Contribution)

Civil: Effective Access (Hindering)

Civil: Effective Access (Recent Changes)

Civil: Effective Access (Recommendations For Change)

Civil: Timely Resolution (Contribution)

Civil: Timely Resolution (Hindering)

Civil: Timely Resolution (Recent Changes)

Civil: Timely Resolution (Recommendations For Change)

Role Of The Jury (1)

Role Of The Jury (2)

Evidence In The Trial (Jury)

Reasons For The Decision (Jury)

Jury In A Criminal Trial

Verdicts In Criminal Trials

The Use Of Juries In Criminal Cases

Judge Directions To The Jury

Jury In A Civil Trial

Verdict In Civil Trials

Damages In Civil Trials

The Use Of Juries In Civil Cases

Selection Of Jurors

Liability For Jury Service

A Summons For Jury Duty

Empaneling The Jury

Challenges For Cause

Peremptory Challenges

Jury In A Criminal Case

Selecting A Jury For A Criminal Trial

Peremptory Challenges For The Accused

Prosecution Stand Aside Jurors

Challenges For Cause In A Criminal Trial

Jury In A Civil Case

Selecting A Jury In A Civil Trial

Role Of The Foreperson

Strengths Of The Jury System

Weakness Of The Jury System

Reforms To The Jury System

Suggested Reforms To Trial By Jury

Judge Alone Or Panel Of Three Judges (Alternative To Jury)

Professional Jurors (Alternative To Jury)

Specialist Jurors (Alternative To Jury)

How Does The Jury Aid Fair And Unbiased Hearing

How Does The Jury Limit Fair And Unbiased Hearings

Recent Changes To The Jury To Aid A Fair And Unbiased Hearing

Recommendations To Change With Aiding Fair And Unbias In The Jury System

How Does The Jury Aid Effective Access

Problems With The Jury That Hinder Effective Access

How Does The Jury Aid Timely Resolution

How Does The Jury Pose Difficulties For Timely Resolution

Recent Changes To The Jury To Aid Timely Resolution

Recommendations For Change In The Jury To Aid Timely Resolution