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Commerce Law Test 2020 > Law > Flashcards

Law Flashcards

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1
Q

What is a rule?

A

Rules are guidelines governing a certain activity and only need to be obeyed by those partaking in that activity.

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2
Q

What is a law?

A

Laws are guidelines by which society must abide by and are enforceable by police and the courts.

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3
Q

What is the difference between a law and a rule?

A

Rules, as opposed to laws, apply to a group of individuals rather than society as a whole.

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4
Q

What are social rules?

A

Social Rules are a set of rules for how a country would like its members to live; these are usually based on customs. E.g In Fiji you cant wear a hat to a village.

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5
Q

What is a bicameral system of parliament?

A

A bicameral system of parliament is a parliament that contains two seperate assemblies.

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6
Q

How does a bicameral system of parliament enhance the Australian Democracy?

A

It provides a more varied representation of states and territories in Australia.

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7
Q

What is a criminal record, its functions and its effect on the person itself?

A

A person who has broken the law will also have this recorded by the courts on something known as a criminal record. This criminal record can be accessed by the police or accredited institutions, which can conduct background checks on behalf of potential employers or landlords. Having a criminal record may affect a person’s ability to gain employment or a place to rent.

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8
Q

Give examples of facilitating change

A

Changes in our social and moral values, e.g issues such as homosexuality and abortion. in addition, development in technology has introduced new privacy and copyright issues.

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9
Q

Why do we need laws?

A
  • To protect society
  • To establish acceptable conduct in society
  • To facilitate change
  • To establish means for the resolution of disputes
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10
Q

What are the 4 values recognised in law (values protected by the law) ?

A

Moral, Social, Economic and Political Values.

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11
Q

What are the 5 characteristics of an effective law?

A
  • Known to the public (signs on roads)
  • Acceptable to the community
  • Stable (been around for a while)
  • Able to be enforced ( police can monitor it, e.g speed laws)
  • Able to be changed
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12
Q

Name the Victorian Court Hierarchy in Order

A

High Court and Family Court (FEDERAL)
Court of Appeal - Everything else is in VICTORIA
Supreme Court
County Court
Coroner’s Court, Magistrates’ Court, Children’s Court

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13
Q

What is the system of appeals?

A

The ability to revoke your punishment or verdict at a higher level of court.

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14
Q

What is the Operation of Precedent?

A

Your verdict is based on previous cases; judge gives punishment similar to past cases

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15
Q

What is a committal hearing?

A

Determines which court your case will be heard in ; determined by magistrate.

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16
Q

What is Bail?

A

Bail is an amount of money that is paid by a defendant in exchange for their release from custody pending a trial. The purpose of bail is to ensure that a defendant returns for future court appearances.

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17
Q

What is parole?

A

Parole is the release of a prisoner to supervision in the community after he/she has completed a part of his/her sentence in an institution.

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18
Q

What is an appeal?

A

An appeal means that one of the parties is requesting that the decision in your case be looked at again by a higher court. In other words, they are arguing that something went wrong with the first decision and that it should be changed.

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19
Q

What is the age of criminal responsibility?

A

This means that you can’t be charged with a crime between 0-9 years old. If you are 10-14 prosecutor must prove that you knew what you were doing

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20
Q

What is the role of the Coroner’s court?

A

To investigate deaths and fires, reduce preventable deaths, and promote public health and safety and the administration of justice.

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21
Q

What offences to the children court hear?

A

A crime committed by someone of ages 10-17, when they committed the offence.

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22
Q

What offences to the Magistrates’ court hear?

A

Summary (minor) offences, bail applications, committal hearings and Damages between $10,000 and $100,000

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23
Q

What offences to the County Court hear

A

Indictable matters except murder, attempted murder and an unlimited amount of civil crime.

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24
Q

What offences to the Supreme Court hear?

A

Most serious of indictable offences such as murder and an unlimited amount of civil crime.

25
Q

What offences to the High Court hear?

A

Constitutional Interpretation,

Appeals from State Supreme courts.

26
Q

What is the difference between Civil and Criminal Law?

A

Civil law deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim. Criminal law is the body of law that deals with crime and the legal punishment of criminal offenses.

27
Q

What is Treason?

A

the crime of betraying one’s country by waging war against it or purposely acting to aid its enemies.

28
Q

What is a sanction?

A

a threatened penalty for disobeying a law or rule.

29
Q

What is the aim of a sanction?

A 
-  Punish offenders
•   Deter people from re-offending
•	Rehabilitate offenders
•	Protect the community
•	Denounce (express disapproval of) the offender’s actions.
30
Q

What is a fine?

A

A fine is money that a court of law or other authority decides has to be paid as punishment for a crime or other offence.

31
Q

What is Community Corrections Order?

A

A community corrections order is a flexible order that allows you to serve your sentence in the community

32
Q

What is imprisonment?

A

To imprison is to hold someone in a prison or jail.

33
Q

What is actus reus?

A

Actus reus means a ‘wrongful act’; in other words, it must be proved that the person who is charged did in fact commit the crime.

34
Q

What is mens rea?

A

Mens rea means a ‘guilty mind’; in other words, it must be proved that the person who committed the crime intended to do so and understood that their actions were wrong.

35
Q

What 2 elements must be proved in order for an accused person to be found guilty of committing a crime?

A

Actus Rea and Mens Rea.

36
Q

What is the burden of proof?

A

A person who is charged with a crime is, however, entitled to the presumption of innocence; that is, they are presumed innocent until proven guilty. This ‘burden of proof’ rests with the prosecution, which must find evidence that proves both actus reus and mens rea.

37
Q

What are strict liability offences?

A

An offence where it is not necessary to prove that the offender had a ‘guilty mind’. For example, drink driving offences are strict liability offences in Victoria.

38
Q

What is the standard of proof?

A

The ‘standard of proof’ is the level of certainty of evidence required to prove the case, which must be presented by the prosecution. In criminal law, a very high level of certainty is required; it must be ‘beyond a reasonable doubt’. This means that the judge and/or the jury must have no reasonable doubt as to the guilt of the accused. If there is any doubt in the minds of the jurors or judge, the person must be found not guilty of the crime.

39
Q

What are indictable and summary offences.

A

Indictable crimes are serious offences such as murder, rape, assault, robbery and treason, these cases are heard with a judge and a jury. Whilst, Summary offences are less serious crimes such as drink driving and not wearing a seat belt and are heard before a magistrate without a jury.

40
Q

In order for someone to be found guilty of murder they must meet what 6 conditions?

A
  • The victim is a human being. That is, you cannot be charged with murder for killing an animal.
  • The victim’s death was caused by the accused. For example, if the victim had a heart condition, and the accused ‘scared’ him and resulted in causing death, it would be difficult to prove murder.
  • The killing was unlawful. Soldiers cannot be charged with murder unless they act beyond their duty.
  • Mens rea, or the intention to kill, was present.
  • The accused was of a sound mind; that is, not classified as insane.
  • The accused is over the age of 10.
41
Q

What is manslaughter?

A

Manslaughter is the unlawful killing of a person that does not amount to murder because there was no intent to kill, or because the accused successfully pleads a defence that reduces the charge from murder to manslaughter.

42
Q

What is Criminal Negligence?

A

Where the accused owed the victim a duty of care and they fell below this standard that a reasonable person would have exercised in the same situation. For example, a parent neglects to get medical attention for a child when a reasonable person could have foreseen that without treatment then death would occur; or a demolition company performs a job with little regard for public safety;

43
Q

What is unlawful and dangerous act?

A

the accused persons actions were unlawful and so dangerous that a reasonable person in the same circumstances would have realised that a person would die or be seriously injured. For example a person throws a brick off an overpass on a highway on to cars below.

44
Q

What is the maximum penalty for manslaughter?

A

20 years imprisonment.

45
Q

What are the 6 defences that can be used by the accused in an attempt to reduce the charge from murder to manslaughter or to get them acquitted?

A

Accident, Automatism, Mental Impairment, Intoxication, Self-defence and duress.

46
Q

What is an accident when referring to a defence of murder?

A

Accident: where the accused can prove that mens rea was not present and the death was caused by accident. (Full acquittal).

47
Q

What is Automatism when referring to a defence of murder?

A

Automatism: where the accused can claim they were not in control of their actions at the time that the crime occurred and therefore the action was involuntary; usually due to being concussed, sleep-walking or being under hypnosis. (Full acquittal).

48
Q

What is Mental Impairment when referring to a defence of murder?

A

Mental impairment: where the accused can claim they were not of sound mind at the time the offence was committed; therefore they could not understand that what they were doing was wrong. (Full acquittal but placed in a maximum security mental institution).

49
Q

What is Intoxication when referring to a defence of murder?

A

Intoxication: (in certain situations only, where the intoxication was involuntary) where the accused can claim that they were under the influence of drugs, alcohol or another substance. (Partial acquittal)

50
Q

What is Self-Defence when referring to a defence of murder?

A

Self-defence: where the accused can claim that it was necessary for them to act in a way that caused the victim to die, in order to defend himself or herself, or another person, from the infliction of death or serious injury. (Full acquittal).

51
Q

What is Duress when referring to a defence of murder?

A

Duress: where a threat to inflict death or serious injury is made and the person believes that they will be harmed if they do not carry out the crime.(May be partial or full defence depending on the circumstances)

52
Q

How can someone be charged with asssault (what must have they done)?

A

A person can be charged with assault if they intentionally use direct or indirect force against another person, whether or not they cause actual harm. Even threatening to hurt another person is regarded as assault. The ‘force’ can even include light, electrical current, sound, heat, liquid or gases.

53
Q

What is culpable driving and what is the max sentence?

A

culpable driving is driving causing death or serious injury, in which the person ignores a substantial risk that another person may die and the max sentence is 20 years imprisonment,

54
Q

What is dangerous driving and what is the max sentence?

A

Dangerous driving is driving recklessly without causing death, for example excessive speeding which could lead to an accident. The max sentence is 10 years imprisonment.

55
Q

What is theft?

A

Theft is taking someones property with the intention of permanently keeping the object.

56
Q

What is robbery?

A

Robbery occurs when a person illegally takes another person’s property by force, or threatens to use force, in order to steal the object.

57
Q

What is shoplifting?

A

Shoplifting is theft from a retail store of goods with a sale price of less than $600, during business hours.

58
Q

What is burglary?

A

A person is considered to have committed burglary if they enter any building with the intention of stealing anything that is inside the building, or to commit and offence such as assault or property damage.

Commerce Law Test 2020 (1 decks)

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