Law and You Revision

Question 1

Define Mens Rea

Answer 1

the intention or knowing of wrongdoing

Question 2

Define Actus Rea

Answer 2

the action of committing the wrongdoing

Question 3

Define Strict liability

Answer 3

you don’t need to prove intent, the act is enough to convict.

Question 4

Define Summary offences

Answer 4

are minor offence which can sentence a defendant to a maximum penalty of two years imprisonment for a single charge.

Question 5

Define Indictable offence

Answer 5

are serious offences and carry high maximum penalty for a single charge.

Question 6

Define the Burden of proof

Answer 6

the obligation to prove something and is normally seen as the prosecutor who bears the burden of proof

Question 7

Define Standard of proof

Answer 7

proof beyond reasonable doubt

Question 8

Define Accused

Answer 8

a person or group of people who are charged with or on trial for a crime.

Question 9

Define Prosecution

Answer 9

the legal proceedings against someone in form of a criminal charge.

Question 10

Define Crime

Answer 10

an action that is punishable by law.

Question 11

Define Duress

Answer 11

Carrying out a crime because it is believed to be the only way a threatened harm can survive

Question 12

Define Self-defence

Answer 12

the defence of one’s person or interests, especially through the use of physical force

Question 13

What is the main difference between murder and man-slaughter?

Answer 13

is murder has intent to kill or cause serious bodily harm while man-slaughter doesn’t.

Question 14

What are the parties in a criminal matter?

Answer 14

The prosecution, defendant and defence attorney.

Question 15

Elements of Murder

Answer 15

Unlawful killing not state-sanctioned
Sound Mind
Actus Rea
Men’s Rea
Causation
Age of Reasonability
No Defence applies

Question 16

What are the different types of manslaughter

Answer 16

voluntary manslaughter
diminished responsibility
loss of control
killing within a suicide pact

Question 17

Define Gross negligent manslaughter

Answer 17

not doing something that someone in your profession should do

Question 18

Define Unlawful and dangerous act manslaughter

Answer 18

If you do something that you could have been expected to do and they die

Question 19

What is a criminal sanction? Do they serve a greater purpose?

Answer 19

Sanctions are the punishments imposed by courts.
They help by providing Protection, deterrence , retribution, re-habitation and denunciation

Question 20

What is a Community and corrections order

Answer 20

Community and corrections order which is a supervised sentence involving community work for a specific number of hours.

Question 21

Define Imprisonment

Answer 21

the removal of someone from society and into a facility

Question 22

What must a judge consider when sentencing a guilty offender?

Answer 22

Past offences
Circumstances
Severity of the crime
Age
Character

Question 23

Define Plaintiff

Answer 23

a person who brings a case against another in a court of law

Question 24

Define Defendant

Answer 24

the party that is accused in a court of law

Question 25

Define Remedy

Answer 25

what the person is seeking

Question 26

Define Breach

Answer 26

an act of breaking a law, agreement or code of conduct

Question 27

Define Sue

Answer 27

seek justice and take action against a person or persons

Question 28

Define Balance of probabilities

Answer 28

it is the standard of proof in a civil case and must be more likely than not to have someone convicted

Question 29

Define liable/ not liable

Answer 29

if the defendant is found liable, a remedy is awarded to the plaintiff. If they are not liable they do not owe anything and are not responsible

Question 30

Define Compensation

Answer 30

the money that is paid to the plaintiff for the damages

Question 31

Define Damages

Answer 31

the implications that the act has caused the person to suffer

Question 32

Define Injunction

Answer 32

a court order restraining a person from beginning or continuing an action

Question 33

Define Principle offender

Answer 33

When a person personally commits all of the elements of an offence.

Question 34

Define An accessory

Answer 34

is the person who is there but doesn’t commit the crime.

Question 35

Define Appeal

Answer 35

a review of a case

Question 36

Define Appeal

Answer 36

a review of a case

Question 37

What is Criminal Law

Answer 37

Relates to crimes committed against the state, this is pursued by the Police Investigators, prosecuted if there is enough violence by the police prosecutor. An example of a criminal offence is murder or theft

Question 38

What is Civil Law

Answer 38

Deals with disputes between two or more private parties, the aim is to seek compensation for an injury or damage caused to another party. The person bringing the action is called the plaintiff.

Question 39

What is a Summary Offence

Answer 39

is minor crime, that is heard in magistrates court this would include issues such as driving offences, theft and minor assault charges that sanctions imposed on these types of offences could include: community services, orders, fines and suspended sentences.

Question 40

What is an Indictable Offence

Answer 40

refer to serious offences such as rape, murder, serious assault these are heard in the country or supreme court. Such offences are likely to include sanctions such as prison time, suspended, home arrest, treatment in a secure facility.

Question 41

What are the two criminal defences

Answer 41

Self Defence and Emergency - such someone needs to get to a hospital.