Law and You Revision Flashcards
Define Mens Rea
the intention or knowing of wrongdoing
Define Actus Rea
the action of committing the wrongdoing
Define Strict liability
you don’t need to prove intent, the act is enough to convict.
Define Summary offences
are minor offence which can sentence a defendant to a maximum penalty of two years imprisonment for a single charge.
Define Indictable offence
are serious offences and carry high maximum penalty for a single charge.
Define the Burden of proof
the obligation to prove something and is normally seen as the prosecutor who bears the burden of proof
Define Standard of proof
proof beyond reasonable doubt
Define Accused
a person or group of people who are charged with or on trial for a crime.
Define Prosecution
the legal proceedings against someone in form of a criminal charge.
Define Crime
an action that is punishable by law.
Define Duress
Carrying out a crime because it is believed to be the only way a threatened harm can survive
Define Self-defence
the defence of one’s person or interests, especially through the use of physical force
What is the main difference between murder and man-slaughter?
is murder has intent to kill or cause serious bodily harm while man-slaughter doesn’t.
What are the parties in a criminal matter?
The prosecution, defendant and defence attorney.
Elements of Murder
Unlawful killing not state-sanctioned
Sound Mind
Actus Rea
Men’s Rea
Causation
Age of Reasonability
No Defence applies
What are the different types of manslaughter
voluntary manslaughter
diminished responsibility
loss of control
killing within a suicide pact
Define Gross negligent manslaughter
not doing something that someone in your profession should do
Define Unlawful and dangerous act manslaughter
If you do something that you could have been expected to do and they die
What is a criminal sanction? Do they serve a greater purpose?
Sanctions are the punishments imposed by courts.
They help by providing Protection, deterrence , retribution, re-habitation and denunciation
What is a Community and corrections order
Community and corrections order which is a supervised sentence involving community work for a specific number of hours.
Define Imprisonment
the removal of someone from society and into a facility
What must a judge consider when sentencing a guilty offender?
Past offences
Circumstances
Severity of the crime
Age
Character
Define Plaintiff
a person who brings a case against another in a court of law
Define Defendant
the party that is accused in a court of law
Define Remedy
what the person is seeking
Define Breach
an act of breaking a law, agreement or code of conduct
Define Sue
seek justice and take action against a person or persons
Define Balance of probabilities
it is the standard of proof in a civil case and must be more likely than not to have someone convicted
Define liable/ not liable
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
Define Compensation
the money that is paid to the plaintiff for the damages
Define Damages
the implications that the act has caused the person to suffer
Define Injunction
a court order restraining a person from beginning or continuing an action
Define Principle offender
When a person personally commits all of the elements of an offence.
Define An accessory
is the person who is there but doesn’t commit the crime.
Define Appeal
a review of a case
Define Appeal
a review of a case
What is Criminal Law
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
What is Civil Law
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.
What is a Summary Offence
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.
What is an Indictable Offence
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.
What are the two criminal defences
Self Defence and Emergency - such someone needs to get to a hospital.
