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Money and Markets > Law > Flashcards

Law Flashcards

1
Q

Criminal Law

A

Criminal Law is concerned with cases in which a
person has committed an offence against
the well being of the community.
It includes offences against:

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2
Q

Civil law

A

Civil Law is concerned with cases in which there is a dispute between private individuals. For the purposes of the law, a corporation or a company is considered to be an individual.
The court hears civil cases in order to preserve/restore the rights of individuals and settle the dispute.
The injured party, who has had the wrong done to them, is called the plaintiff.

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3
Q

RULES.

A

Non-legal Rules - these determine what behaviour is unacceptable in particular groups or institutions. We call the RULES

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4
Q

LAWS

A

Legal Rules - these permit, modify or prohibit the activities of all people in the community. We are going to call these LAWS.

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5
Q

Offences

A

are classified according to the seriousness of the offence.
Summary or indictable

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6
Q

Summary offences

A

Less serious criminal offences are referred
Eg.
speeding, littering etc.

( usually heard in the Magistrates’ Court.)

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7
Q

Indictable offences

A

these are serious criminal offences

heard
before a judge and jury in the County or Supreme courts.

Eg. armed robbery, culpable driving, rape and homicide

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8
Q

the defendant or the accused.

A

person being prosecuted for a criminal offences in the court is known as

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9
Q

prosecution must prove two elements:

A

Mens Rea - that the accused acted with a guilty mind or intention.

Actus Reus - that the accused committed the guilty act

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10
Q

Children under 10

A

cannot be held responsible for committing a crime - it is believed they do not know the difference between right and wrong.

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11
Q

children aged 10 - 14

A

are presumed to not understand the consequences of their actions - up to the prosecution or police to prove they knew what they were doing was wrong (as well as the elements of the crime).

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12
Q

age 15 and up

A

young people can be punished - sanctions, court might be different to adults.

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13
Q

Why we need civil laws?

A
  1. Protect your rights
  2. Impose a duty on others not to do anything to cause us harm
  3. Provide a remedy such as compensation in the event of a breach of a civil right
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14
Q

The hierarchy of the courts
( all courts in Victoria as well as the High Court)

A

Federal court:
High court
federal court —– family

Victorian:
Supreme court
County court
Coroners . — Magistrates – Childrens courts

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15
Q

( V) supreme court

A

CRIMINAL
- judge called ‘Your Honour’.
- hears most serious of indictable criminal offences
- jury of 12 for all criminal trials

  • Eg murder, manslaughter and terrorism.

CIVIL
- also hears civil cases
- plaintiff is seeking large amounts of money (often millions) called damages for the injury/harm they have suffered.

Appeals from this court are heard in the Supreme Court of Appeals

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16
Q

( V) county court

A
  • 85 judges ( wear robes,
  • 10 000 cases a year (40% criminal cases and 60% civil cases).
  • CRIMINAL:
  • quite serious indictable criminal offences
  • Of the criminal cases, about 75% are pleas

Eg.
serious assaults, drug trafficking, serious sex offences dangerous driving causing death.

CIVIL: normally where the plaintiff is seeking large amounts of money

About 15% are Jury trials. About 10% of cases are appeals from the Magistrates’ court.
Personal injury claims.
Defamation cases.
Contract disputes.

17
Q

(V()Coroner’s Court

A
  • Investigates unexpected or suspicious deaths (including fires and drownings).
  • Determines identity, cause of death, and circumstances.
  • Presided over by a Coroner.
    Can hold public hearings called inquests.
  • identifies causes of death; recommends but does not lay charges.
  • Makes recommendations for new laws (e.g., pool fences).
  • In 2021, 13 Coroners investigated 7,300 reportable deaths in Victoria.
18
Q

(V) Magistartes court

A
  • presided over by a Magistrate called ‘Your Honour’, who wears a suit.
  • 50 in australia
  • busiest court
  • 90% court appearcences

SUMMARY CRIMINAL offences: such as
- property damage, driving offences, being drunk and disorderly, common assault and theft.

CIVIL CASES:
plaintiff is seeking damages up to $100,000.

It never has a jury and it never hears appeals.

19
Q

(V) Children’s Court

A

The purpose of this court is rehabilitation, not punishment. It is always closed to the public and has jurisdiction over cases involving children and young people, including criminal and child protection matters. The court is split into two divisions:

Criminal Division: Handles cases where the defendant was 10-18 years old at the time of the crime and under 19 at the time of trial.

Family Division: Deals with cases for children aged 0-17 who need care and protection due to being ill-treated, abused, abandoned, or having no one to look after them.

20
Q

‘Closed court’

A

one where the judge does not allow members of the public to attend; can be closed for all or just parts of the case - eg if it involves children or sexual assault

21
Q

Judge

A

person in charge of County or Supreme Court

22
Q

Magistrate

A

person in charge of Magistrates’ Court

23
Q

Judge’s Associate

A

judge’s helper

24
Q

Magistrate’s Clerk

A

magistrate’s helper

25
Q

Prosecutor

A

person who represents the State in Court, tries to prove the defendant is guilty

26
Q

Barrister

A

person who represent the accused/defendant

27
Q

Statute law

A

Is made by Parliament

elected and representative bodies that make laws in the form of acts or statutes

28
Q

Role of juries in criminal

A
  • need either unanimous decision of all 12 for very serious cases
    or
    11 out of 12 for less serious cases -
  • they decide whether accused person is guilty or not - beyond reasonable doubt.
28
Q

Common law

A

Laws that come from decisions made by judges in courts.

29
Q

Role of juries in civil

A

jury decide who is liable - on the balance of probability

30
Q

Why we have a jury?

A

Based on the principle that people should be tried before their peers

  • Used in serious criminal trials and some civil trials in County or Supreme Courts.
  • Jury’s main job is to decide the facts and determine credibility.
31
Q

Bail

A

the release of an accused person back into society while awaiting trial.

32
Q

Remand

A

to hold a person in custody while awaiting trial.

Money and Markets (3 decks)

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