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Exams Sem 1 > law and order exam revision > Flashcards

law and order exam revision Flashcards

1
Q

What does the Commonwealth parliament do?

A

Makes laws for Australia as a whole and is the Prime Minister making the decisions.

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2
Q

What is the Victorian parliament?

A

Makes decisions for the state of Victoria and is the premier making decisions.

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3
Q

What is the Lower House? (2)

A

House of Representatives
Legislative assembly

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4
Q

What is the Upper House? (2)

A

Senate
Legislative council

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5
Q

How many members are in the house of reps?

A

151 members (commonwealth)

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6
Q

How many members are in the Legislative assembly?

A

88 members (vic)

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7
Q

How many members are in the senate?

A

76 members (commonwealth)

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8
Q

How many members are in the legislative council?

A

40 members (vic)

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9
Q

Who is the King’s Representative and who appoints them?

A

The Governor General (cwth) or Governor (vic) and they are appointed by the King.

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10
Q

How is a law made (9)

A

1st reading (1st)
2nd reading (1st)
consideration in detail (1st)
3rd reading (1st)

1st reading (2nd)
2nd reading (2nd)
consideration in detail (2nd)
3rd reading (2nd)
ROYAL ASSENT

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11
Q

What are some reasons for a law to change

A
  • change in policy
  • pressure from outside of parliament
  • change in world
  • different political party
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12
Q

What does the majority mean?

A

The majority of votes in both houses of parliament

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13
Q

How many votes do you need to pass a law?

A

You need half of of amount of people in the house (so if there is 88 people, then 44) plus one (so 45 votes to get the majority)

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14
Q

What is the balance of power?

A

It is the position held by minor parties or individual members of parliament when their vote is necessary for bills or motions to be passed.

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15
Q

What does the VLRC stand for?

A

Victorian Law Reform Commision

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16
Q

Can the VLRC change laws?

A

No, they cannot change laws, however, they make recommendations to Parliament on how they should change.

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17
Q

How old do you have to be to leave school without doing anything?

A

17

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18
Q

What if you are below 17 and want to leave school?

A

You must have finished year 10 and you have to spend at least 25 hours per week in a combo of education, training and employment

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19
Q

What age do you have to be to drink, buy or possess alcohol?

A

18

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20
Q

What is the possible fine for someone who supplies alcohol to a minor without a parent’s consent?

A

Up to $10,000

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21
Q

What are the 2 things you need to drink alcohol under 18 LEGALLY?

A

Parental consent and responsible supervision from whichever adult is in charge of the minor

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22
Q

What do people under the age of 18 involved in sexting activities get charged for?

A

Charged with either child pornography offences and they were treated the same as adult paedophiles

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23
Q

What is sexting officially called?

A

Distributing an intimate image

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24
Q

What is the maximum penalty for threatening to send an intimate image of a person to others

A

One year in jail

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25
Q

What is the enterprise agreement?

A

An agreement between the specific company/employer you work for and all of its workers

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26
Q

What is the FWO?

A

Fair work ombudsman

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27
Q

What does the FWO do? (3)

A
  • Provides free assistance to workers who cannot solve their workplace issues
  • Suggests solutions to fix the problems
  • Takes bosses who breach your workplace rights to court
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28
Q

What does the FWO not do? (3)

A
  • Orders bosses or workers to do things
  • Fine people or send them to jail
  • Resolve complaints where worker has not tried themselves to talk to their boss to solve things
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29
Q

What is the adversarial trial?

A

Contest between 2 teams infront of an impartial adjudicator to resolve conflicts

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30
Q

What is the first step of the pre-trial procedure?

A

Investigation and charging of the accused

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31
Q

What is the second step of the pre-trial procedure?

A

Collection of evidence and plea

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32
Q

What is the third step of the pre-trial procedure?

A

Committal

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33
Q

What are the 4 steps in the investigation and charging of the accused?

A
  1. crime is committed
  2. police attend the scene
  3. police gather evidence
  4. police charge the accused
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34
Q

What is the collection of evidence and plea? (3+1)

A
  • process takes a very long time
    1. police collect evidence
    2. share evidence with prosecution and accused
    3. accused pleads to charges
    (if not guilty no case, if guilty moves to committal)
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35
Q

What is the committal hearing ?

A

pre-trial hearing for indictable offences which are going
to be tried in the County or Supreme Court where the accused has pleaded not guilty
- held in magistrates court

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36
Q

What are plea negotiations?

A

Discussions relating to the charges faced by the accused, discussed between the prosecution and the accused

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37
Q

What are the purposes of plea negotiations? (4)

A
  • resolve the case quickly
  • avoid the need for witnesses to suffer through the trauma of having to testify and be cross-examined
  • manage the risk associated with a trial for both sides
  • acelerate closure for victims
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38
Q

What is the purpose of a criminal trial?

A

determine the guilt or otherwise of the person charged with the crime

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39
Q

What is a hung jury?

A

a totally new trial with a new jury is heard

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40
Q

What is evidence?

A

Facts or information to support an assertion

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41
Q

What are the 3 different types of evidence?

A
  • irrelevant evidence
  • hearsay evidence
  • improperly obtained evidence
42
Q

What is irrelevant evidence?

A

stuff that is not relevant or material to the matters in dispute in the trial cannot be admitted in evidence

43
Q

What is hearsay evidence?

A

evidence of a statement made out of court which is introduced to prove the truth of a fact asserted in the statement

44
Q

What is improperly obtained evidence?

A

the police have certain powers in relation to the gathering of evidence

45
Q

When are criminal juries used?

A

juries are only used in the county or supreme courts (serious offences)

46
Q

What are criminal juries? (4)

A
  • 12 people
  • selected at random
  • has to be a unanimous verdict mostly, or sometimes a majority verdict
  • cannot find a person guilty unless convinced beyond reasonable doubt
47
Q

What are the legal requirements for CULPABLE driving involving death? (3)

A
  • accused was driving a motor vehicle
  • accused driving caused the death of a victim
  • accused was grossly negligent
48
Q

What are the legal requirements for DANGEROUS driving involving death? (3)

A
  • accused was driving a motor vehicle
  • accused driving caused death of a victim
  • accused drove dangerously
49
Q

What is a fine?

A

fine is a monetary penalty imposed on an offender

50
Q

When can fines be issued? (2)

A
  1. form of an infringement notice
  2. as a sanction by the court
51
Q

What is a community correction order?

A

supervised sentence served in the community

52
Q

What are 3 mandatory conditions of CCO’s?

A
  • you cannot leave Victoria without permission
  • you must notify your officer of change of address
  • you must report to officer frequently and listen to their
    directions
53
Q

What are 4 optional conditions of CCO’s? (tailored to individual)

A
  • unpaid community work (maximum of 600 hours)
  • treatment and rehabilitation programs
  • area exclusion, curfew, non-association
  • supervision (officer meets offender according to specified frequency)
54
Q

What is the maximum term for each offence stated?

A

Legislation

55
Q

What is parole?

A

allows the prisoner to serve part of their sentence of imprisonment in the community (under strict conditions and supervision)

56
Q

How do you apply for parole?

A

eligible prisoners must apply to the Adult Parole Board.

57
Q

What does the adult parole board do? (2)

A
  • whether to grant, deny or defer parole
  • decide the conditions of parole
58
Q

What is youth diversion? (4+1)

A

sanction that provides an opportunity for eligible
young people appearing before the Children’s Court to -
- accept responsibility for their behaviour
- complete a diversion program
- have the charges against them dropped, upon successful completion of the diversion plan
- avoid the negative stigma associated with a criminal record

59
Q

What is the diversion programs aim? (2)

A
  • build upon or strengthen the individual’s protective factor
  • promote understanding of the harm caused by the offence
60
Q

Who is eligible for youth diversion? (3)

A
  • offender must almost always be a first time offender
  • charge must relate to a minor crime
  • offender has to acknowledge that they did wrong
61
Q

Who is the diversion program run by

A

Children’s Court Youth Diversion Services (CCYD)

62
Q

What are some advantages of the death penalty? (4)

A
  • saves money
  • deterrence
  • an eye for an eye (provides justice for victims)
  • community protection
63
Q

What are some disadvantages of the death penalty? (4)

A
  • barbaric and inhumane
  • lets killers off to easily
  • cannot be reversed
  • no second chance
64
Q

What are some factors of civil law? (4)

A
  • doesn’t involve police or prison (not usually court)
  • private disputes between two individuals
  • protects individual rights
  • all about rights and responsibilities
65
Q

3 Reasons for criminal law?

A
  1. protects our rights
  2. impose duty on others not to harm us/infringe upon our rights
  3. provide a solution if our rights are breached
66
Q

What is burden of proof?

A

obligation of establishing the case
(whose job is it to prove something)
- civil case is plaintiff
- criminal case is prosecution

67
Q

What is standard of proof?

A

what level/degree of proof do you need in order to
fulfil your burden
(how much proof do you need)

68
Q

2 types of standard of proof

A

balance of probability (civil)
beyond reasonable doubt (criminal)

69
Q

do most civil cases go to court

A

no

70
Q

What is a plaintiff?

A

the person suing

71
Q

What is a defendant?

A

the person being sued

72
Q

What is the plaintiff seeking?

A

a remedy

73
Q

What are the 2 types of jurisdiction for a court?

A

original
appellate

74
Q

What is original jurisdiction?

A

the power to hear cases for the first time

75
Q

What is appellate jurisdiction?

A

the power to hear appeals

76
Q

What is the order of the court hierachy?

A

High court
Court of appeal
Supreme court (trial division)
County Court
Magistrates court
(+ children’s court and coroners court)

77
Q

What is an appeal? (3)

A
  • case gets re-heard by judge with specialized knowledge and expertise
  • earlier decision reviewed
  • earlier decision confirmed (appeal is dismissed) /changed (appeal upheld)
78
Q

What are the 3 reasons for a court hierarchy?

A
  1. Specialisation/experience/expertise
  2. Appeals
  3. Efficiency/ saves time and money
79
Q

What is a precedent?

A

a judgement of a court that establishes a legal principle or point of law

80
Q

3 elements of the doctrine of precedent

A
  1. All inferior (lower down) courts are bound to follow the decisions of superior (higher up) courts
  2. Courts only have to follow decision made by superior courts in the same hierarchy
  3. Cases must involve same material (important) facts
81
Q

What is a binding?

A

decision made by superior court is binding on all inferior courts in that jurisdiction where the cases involve materially similar facts

82
Q

What is a persuasive?

A
  1. decision of court in another hierarchy (eg. NSW)
  2. decision of equal or lower court in the same hierarchy
83
Q

What are the 2 things precedents can be?

A

binding or persuasive

84
Q

What is nuisance?

A

When the right of our enjoyment of our property – specifically the property we lawfully occupy is breached.

85
Q

3 elements for it to be nuisance

A
  1. there is an action that was substantial
  2. the nuisance was unreasonable
  3. damage or harm was caused
86
Q

What is substantial?

A

needs to be significant, has to happen more than once

87
Q

What is unreasonable? (5)

A

court considers -
- type of interference
- time of day
- how often it occurs
- the neighbourhood
- how long it has existed

88
Q

The plaintiff needs to show 3 things for it to be nuisance.

A
  • something substantial
  • something unreasonable
  • damage was caused
89
Q

3 elements for defamation

A
  1. defendant published something about plaintiff to more than 1 individual
  2. the thing that was published was untrue
  3. plaintiff suffered a loss of reputation
90
Q

What happens if people actually spread the truth?

A

NO legal consequences

91
Q

3 elements of negligence

A
  1. the defendant owed the plaintiff a duty of care
  2. the defendant breached that duty of care
  3. the breach of the duty of care caused harm or loss to the plaintiff
92
Q

What is negligence all about?

A

looking out for other people, keeping an eye out for your neighbour

93
Q

Who is a duty of care owed to?

A

is owed to anyone who could be reasonably foreseen to be injured by the acts or omissions of the defendant

94
Q

What is a breach of duty?

A

defendant failed to exercise a reasonable standard of care

95
Q

What is the breach causing loss?

A

as a result of the breach of the duty by the defendant, the plaintiff suffered some form of loss

96
Q

Civil jurisdiction of county court

A

original - no minimum or maximum $ amount
appelleate - none

97
Q

Civil jurisdiction of supreme court

A

original - no minimum or maximum $ amount
appellate - appeals from magistrate’s court

98
Q

Civil jurisdiction of high court

A

original - very limited
appellate - appeals from the court of appeal

99
Q

Civil jurisdiction of magistrates court

A

original - only claims up to $100,000
appellate - none

100
Q

Civil jurisdiction of Court of Appeal

A

original - none
appellate - appeals from supreme court and county court

101
Q
A

Exams Sem 1 (4 decks)

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