Intro To Law Flashcards
What is the standard of proof required for a conviction in a criminal proceeding
Beyond reasonable doubt
What is “beyond reasonable doubt”
The prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial
What is the aim of the court in a civil action?
To restore the individual to the position they enjoyed prior to suffering the particular injury or damage complained of.
What is civil law?
The enforcement of people’s rights.
What is the balance of probability?
Where the plaintiff must satisfy the court that their version of the facts is more probable than not, after taking into account the whole of the evidence including both questions of fact and law.
What are the parties involved in court for a civil matter referred to?
Plaintiff & defendant/respondent.
What does the federal court system comprise of?
Federal circuit court,
Federal court,
Family court,
High court.
What does the state court system consist of?
Magistrates,
County &
Supreme courts.
What courts have a jury?
County and supreme courts
How many jury members sit in a criminal trial?
12
How many jury members sit in a civil trial?
6
What are the two sources of law in Australia?
Statute law (legislations) &
Common law (case law/judge made law)
What are the three common law presumptions?
Irrebuttable presumptions,
Rebuttable presumptions &
Presumptions of fact.
Explain irrebuttable presumptions
Presumptions that can not be argued with eg; a child under 10 can not commit a crime (lack of mens rea)
and every person is presumed to know the law, “ignorance is no excuse”
Explain rebuttal presumptions
Presumed to be true until such time as they are rebutted or disproved by the production of evidence to the contrary.
Eg “innocent until proven guilty” & a child at least 10 but not yet 14 cannot form mens rea.
Explain presumption of facts
A conclusion of fact constructed logically from other proven facts.
Eg person goes missing at sea is presumed dead.
Explain the difference between civil and criminal law
Civil law does not involve any criminal offences but involves the enforcement of people’s rights.
Criminal law is the law relating to crime and criminal acts.
What are the courts in Victoria that police deal with?
Magistrates court
County court
Supreme Court
Explain the three main functions of the magistrates court
To hear and determine all summary offences;
To hear and determine all indictable offences which may be heard and determined summarily; and
To conduct committal proceeding into indictable offences and either direct the accused to be tried and order that the accused be remanded in custody until trial or granted bail, or discharge the accused.
What is the judge and jury composed of in the county court
A judge and a jury of 12
How many judges in the high court
7
What are the two divisions in the children’s court?
Family and criminal
How old does a child have to be to have allegedly committed an offence?
At the time of the alleged offence was under 18 years but of the age of above 10 years.
Does not include any person who is of or above the age of 19 years when a proceeding for the offence is committed in the court.
What does the coroners court do?
To hold an inquest concerning any deaths that are not certified as being due to natural causes.
