Intro To Law

Question 1

What is the standard of proof required for a conviction in a criminal proceeding

Answer 1

Beyond reasonable doubt

Question 2

What is “beyond reasonable doubt”

Answer 2

The prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial

Question 3

What is the aim of the court in a civil action?

Answer 3

To restore the individual to the position they enjoyed prior to suffering the particular injury or damage complained of.

Question 4

What is civil law?

Answer 4

The enforcement of people’s rights.

Question 5

What is the balance of probability?

Answer 5

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.

Question 6

What are the parties involved in court for a civil matter referred to?

Answer 6

Plaintiff & defendant/respondent.

Question 7

What does the federal court system comprise of?

Answer 7

Federal circuit court,
Federal court,
Family court,
High court.

Question 8

What does the state court system consist of?

Answer 8

Magistrates,
County &
Supreme courts.

Question 9

What courts have a jury?

Answer 9

County and supreme courts

Question 10

How many jury members sit in a criminal trial?

Answer 10

12

Question 11

How many jury members sit in a civil trial?

Answer 11

6

Question 12

What are the two sources of law in Australia?

Answer 12

Statute law (legislations) &
Common law (case law/judge made law)

Question 13

What are the three common law presumptions?

Answer 13

Irrebuttable presumptions,
Rebuttable presumptions &
Presumptions of fact.

Question 14

Explain irrebuttable presumptions

Answer 14

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”

Question 15

Explain rebuttal presumptions

Answer 15

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.

Question 16

Explain presumption of facts

Answer 16

A conclusion of fact constructed logically from other proven facts.

Eg person goes missing at sea is presumed dead.

Question 17

Explain the difference between civil and criminal law

Answer 17

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.

Question 18

What are the courts in Victoria that police deal with?

Answer 18

Magistrates court
County court
Supreme Court

Question 19

Explain the three main functions of the magistrates court

Answer 19

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.

Question 20

What is the judge and jury composed of in the county court

Answer 20

A judge and a jury of 12

Question 21

How many judges in the high court

Answer 21

7

Question 22

What are the two divisions in the children’s court?

Answer 22

Family and criminal

Question 23

How old does a child have to be to have allegedly committed an offence?

Answer 23

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.

Question 24

What does the coroners court do?

Answer 24

To hold an inquest concerning any deaths that are not certified as being due to natural causes.

Question 25

What is the definition of the word ‘means’ in legislation?

Answer 25

It is strictly limited to what is contained within that definition.

Question 26

What is the definition of the word ‘includes’ in legislation?

Answer 26

It may be extended to incorporate similar places or things.

Question 27

Define police discretion

Answer 27

The exercise of judgement to choose between possible courses of action or job action, in situations not clearly requiring mandatory action by law, police policy or directive.

Eg; police discretion can be used if someone should be searched and to what extent, to arrest or proceed by summons, whether or not to issue an ION.

Question 28

What are the common rebuttable presumptions?

Answer 28

1) every person is presumed innocent until the contrary is proved
2) a child aged at least 10 but not yet 14 cannot form mens rea
3) every person is presumed sane until the contrary is proved
4) voluntary drunkenness is no defence to a charge
5) under the liquor control reform act 1998, liquid is presumed to be liquor

Question 29

What is the definition of a child in criminal matters?

Answer 29

Was over 10 but under 18 at the time of the offence, unless the person has turned 19 by the time the matter proceeds to the courts

Question 30

Explain “recklessness”

Answer 30

Recklessness occurs where the accused forsees the probable consequences of his or her conduct yet persist in that conduct regardless of the risk of those consequences.

Question 31

What is actus reus?

Answer 31

An intentional act that is done

Question 32

What is mens rea

Answer 32

The state of mind aka guilty mind of the offence

Question 33

What is the significance of demonstrating a persons overt physical acts?

Answer 33

They show a guilty intent and with properly obtained admission, make a strong case for the prosecution

Question 34

explain the meaning of culpability

Answer 34

To be culpable is to be blame worthy; involving the commission of an offence of breach of a duty imposed by law.

The legal responsibility for a criminal act; an individual’s blameworthiness.