Intro to Law

Question 1

What kind of Law is a result of the “Doctrine of Precedent”?

Answer 1

Common Law.

Question 2

What kind of Law is made by State and Commonwealth Parliaments?

Answer 2

Statute Law (otherwise known as Legislation, Acts and Parliament-made Law).

Question 3

What kind of Law (Common or Statute) is superior?

Answer 3

Statute Law is superior. Parliament reserves the right to create, abolish and amend both kinds of laws through due process. Statute overrules Common where both apply to the same problem.

Question 4

What are the Three Common Law Presumptions?

Answer 4

• Irrebuttable
• Rebuttable
• Presumption of Fact

Question 5

What are the two Irrebuttable Presumptions?

Answer 5

• A child under the age of ten years cannot commit a crime. (Mens Rea)
• Every person is presumed to know the Law. (Ignorance is no excuse)

Question 6

What are the five main Rebuttable Presumptions?

Answer 6

1. Every person is presumed innocent until the contrary is proven.
2. A child between the ages of 10-14 is presumed to lack knowledge leading to Mens Rea.
3. Every person is presumed sane until the contrary is proven.
4. Generally, voluntary drunkenness is no defence to a crime.
5. Under the Liquor Control Reform Act 1998, liquid is presumed to liquor.

Question 7

What is the definition of a Presumption of Fact?

Answer 7

A conclusion of fact constructed logically from other proven facts. (Pg. 12) Example; a letter that is addressed, stamped and posted is presumed to have been delivered accordingly.

Question 8

What is the standard of proof in a Criminal proceeding?

Answer 8

Beyond reasonable doubt.

Question 9

What are the parties usually involved in criminal proceedings?

Answer 9

• Informant
• Prosecutor
• Accused
• Defence Counsel
• Complainant

Question 10

What can a Complainant be defined as?

Answer 10

The Victim of crime, reporting the incident to Police.

Question 11

What can an Informant be defined as?

Answer 11

The person who initiates charges and prepares the brief for evidence. (That’s us.)

Question 12

What can a Prosecutor be defined as?

Answer 12

The person presenting the case for the Crown.

Question 13

What courts comprise the Federal Court System?

Answer 13

Federal Circuit Court, Federal Court, Family Court and High Court.

Question 14

What courts comprise the State Court system?

Answer 14

The Magistrates’, County and Supreme Courts.

Question 15

What are the three main functions of the Magistrates’ Court?

Answer 15

1) To hear and determine all summary offences.
2) To hear and determine all indictable offences which may be heard and determined summarily; and
3) To conduct committal proceedings into indictable offences and decide whether the accused is to be tried; either then deciding whether they can be granted bail or be remanded in custody until trial; or to discharge the accused.

Question 16

What are some of the protocols in Magistrates’ Court that should be followed by Police Members?

Answer 16

• The Magistrate should be referred to as “Your Honour” or “Sir” or “Ma’am”.
• When the oath is administered you must not move around, speak, or exit or enter the court room.
• When the Magistrate is present in the Courtroom you must bow slightly as you enter or exit the room.
• When the Registrar says ‘all rise’ you must stand.
• Do not wear Firearms in court.

Question 17

What is the Court hierarchy?

Answer 17

Magistrates’, County Court, Supreme Court, Victorian Court of Appeal, High Court of Australia (Lowest to Highest respectively)

Question 18

A child is defined in S. 3 of the Children, Youth and Families Act 2005 as having 3 elements, what are they?

Answer 18

a) In the case of a person who is alleged to have committed an offence, a person who at the time of the alleged commission of the offence was under the age of 18 years, but of or above the age of 10 years, but 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.
b) In any other case, a person who is under the age of 17 years or, if a protection order, a child protection order or an interim order continues in force in respect of him or her, a person who is under the age of 18 years.
c) In the case of a proceeding under the Family Violence Protection Act 2008 or Personal Safety Intervention Orders Act 2010, a person who is under the age of 18 when an application under the act is made.

Question 19

What are the ways to obtain the meaning of words in Acts that are not defined? (3)

Answer 19

• The Interpretation of Legislation Act 1984.
• Any legal dictionary by a recognised author.
• Any reputable dictionary.

Question 20

What is discretion defined as?

Answer 20

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

Question 21

What is the Oath of Office?

Answer 21

“I swear to discharge my duties without affection, or favour, malice, or ill-will… to prevent all offences against the Queen … and to the best of my skill and knowledge discharge all duties legally imposed upon me faithfully and according to law.”