Law in action

Question 1

What is Legal Capacity?

Answer 1

Legal Capacity is the ability of a person to do something, what they can and cant do because of the law.

Question 2

Who is a minor?

Answer 2

A person under the age of 18

Question 3

Who is an adult?

Answer 3

A person the age of 18 or older

Question 4

What is the age of criminal responisbility?

Answer 4

!0 years old, the age when you have to take responsibility for your crimes.

Question 5

What is the age of majoirty?

Answer 5

18 years of age, when a person is considered an adult with the rights and responsibilities of adult hood.

Question 6

To be convicted of a crime which two elements must you have committed?

Answer 6

Actually committing the crime, Actus Rea, and having the intention to commit the crime, Mens Rea.

Question 7

What is Actus Reas (guilty act)?

Answer 7

the accused actually committed the crime, it was voluntary, the act actually occurred and it was done by the accused.

Question 8

What is Mens Rea (guilty mind)?

Answer 8

Having the intention to commit the crime, the person was negligent, the person was reckless.

Question 9

What is a Witness?

Answer 9

A witness is a person who gives evidence after swearing an oath in court, a person who sees a crime.

Question 10

What is a victim?

Answer 10

A person who is personally impacted by a crime, a person killed or injured by another person.

Question 11

What is capital punishment?

Answer 11

Capital punishment is where an offender is put to death by punishments such as hanging, electric chair and gas chamber.

Question 12

What is the doli incapax?

Answer 12

people under the age of 10 deemed incapable of intending to commit a crime because they do not know between right and wrong.

Question 13

What is the accused?

Answer 13

A person charged with a criminal offence.

Question 14

What factors does a judge take into account when sentencing an offender?

Answer 14

Judge takes into account the guilty plea, circumstances of the crime, prior convictions and level of hardship the punishment may cause.

Question 15

What are some of the main forms of punishments?

Answer 15

Fines, Imprisonment, Good Behaviour Bonds, Community Service and Court Mandated Behaviour change courses.

Question 16

Should Children be tried as adults?

Answer 16

Children should be tried the same as adults depending on the severity of the crime as age does not matter when taking the life of another human being, they will learn the severe reality of committing violent crimes thus dissuading them and provides fairness and sense of structure in legal system.

Question 17

What is a Plaintiff?

Answer 17

A person that brings a case against another person , asking for money as compensations (seek damages)

Question 18

What does civil law deal with?

Answer 18

Civil law deals with non-criminal matters involving disputes between individuals and organizations.

Question 19

What is a contract?

Answer 19

A contract is a legally binding agreement.

Question 20

Who can enter a contract?

Answer 20

A person under 18 can enter a contract to only purchase essential goods such as housing, food and education and people 18 or over

Question 21

What is the case when minors enter a contract that is not legally binding and can not be enforced in court?

Answer 21

When a person under 18 purchases goods such as jewelry and a laptop, non-essential goods, the contract is not legally binding and can not be enforced in court.

Question 22

Can a contract be enforced when a minor has entered a loan agreement?

Answer 22

No, when entering a loan agreement as a minor the contract can not be enforced.

Question 23

What is a guarantor?

Answer 23

A guarantor is a person who agrees to pay someone’s debt if the borrower is unable to do so.

Question 24

what is negligence?

Answer 24

Negligence occurs when a person or organization fails to exercise reasonable care and causes damages to another person.

Question 25

What is the duty of care that businesses and employers must provide?

Answer 25

Duty of care is the moral and legal obligation to safety of others through a safe workplace and optimal customer service.

Question 26

What is the Australians Human Rights Commission?

Answer 26

The AHRC is responsible for investigating infringements of Australia’s anti-discrimination legislation.

Question 27

What do police do?

Answer 27

enforce laws, prevent and investigate crime, protect life and property and maintained peace and order.

Question 28

What is the Australian Tax Office

Answer 28

The ATO helps prevent tax crimes such as tax evasion hiding cash wages, using offshore accounts by collecting financial data from multiple sources and cross-checking with other law enforcement agencies to detect anomalies.

Question 29

How do courts settle disputes?

Answer 29

Courts settle disputes according to strict rules and procedures where judges have the ability to create law through the decisions they make when hearing a case: an act of precedent. They punish law-breakers

Question 30

What are prisons?

Answer 30

Prisons hold people that are convicted of a crime. Imprisonment is the harshest form of punishment.

Question 31

What are the advantages of resolving disputes without going to court?

Answer 31

It is cheaper and faster, can create a better relationship for the people involved and it is better to meet the needs of the individual parties.

Question 32

What are the disadvantages of resolving disputes without going to court?

Answer 32

It may lead people to surrender their rights and get exploited by the opposing party and people may be forced into a mediation because they can not afford court.

Question 33

What is a mediation?

Answer 33

parties involved in a dispute meet with a neutral third party to help them negotiate an agreement where the mediator just listens and does not provide advice or make a decision.

Question 34

what is a conciliation?

Answer 34

It is a form of mediation that offers a great way to resolve disputes without legally binding issues or severe punishments that are not in the best interests of each party. The added advice by the mediator also increases options for coming to an agreement and resolving disputes. Similar to mediation but the third party takes a more active role and offers opinions

Question 35

what is an arbitration at tribunal?

Answer 35

similar to a mediation but if the parties cannot reach their own solution, the third party makes the decision for them, which is legally binding.

Question 36

What is restorative justice?

Answer 36

allows the victim and offender (both with support persons) to discuss the situation face-to-face facilitated by a conveyor, allowing the victim an opportunity to voice the impact the crime has had on them and seek closure, while allowing the offender an opportunity to take responsibility for their behaviour and make things right.

Question 37

What are warnings?

Answer 37

warnings are issued by police to a minor, usually for a first minor offence. No criminal record occurs, although their name is recorded.

Question 38

What is a caution?

Answer 38

get caution for graffiti, issued by a senior officer to a minor for committing a more serious offence

Question 39

what is a youth and justice conferencing?

Answer 39

a meeting between the child, victim, parents, officials, specialist youth officer and support people. Only occurs if a child admits to an offence.

Question 40

What is customary Law?

Answer 40

Customary law is the law developed and used by the Aboriginal people. The elders would meet to come up with an appropriate solution where the punishments included spearing, public shaming and exile.

Question 41

what is circle sentencing?

Answer 41

When a circle of people including the Aboriginal elders, victim, police, magistrate and offender will sit together to come up with an appropriate sentence for the offender where the elders decide the sentence only if approved by the magistrate.

Question 42

Why is circle sentencing used?

Answer 42

Circle sentencing is used to avoid imprisonment for Aboriginal offenders if they have pleaded guilty and it is used to actively engage the Aboriginal community in the sentencing process, reduce the number of people coming into contact with the criminal justice system

Question 43

What is the role of the UN peacekeepers?

Answer 43

The role of UN Peacekeepers is to develop and maintain peaceful interactions between social, political and ethnic groups.

Question 44

What is the purpose of the United Nations?

Answer 44

The United Nations maintains global peace and protects the rights and safety of global citizens

Question 45

what is torture?

Answer 45

Torture is the deliberate infliction of pain on a powerless victim where the treatment must be used for a specific purpose like forcing a confession out of someone to be considered torture.

Question 46

Should torture be used?

Answer 46

Torture should be used and should be an available option when under the pressure of time and imminent threat, possibly costing the lives of many, where the torture on an innocent person may seem like a moral violation is optimal and the best compromise in a situation that calls for the safety of many.

Question 47

How does the 1st Geneva Convention protect people in enemy hands?

Answer 47

The 1st Geneva convention protects wounded and sick soldiers on land during war.

Question 48

What is the second Geneva Convention?

Answer 48

2nd Geneva convention requires that members of the armed forces who are wounded, sick or shipwrecked must be respected and protected.

Question 49

What does the 3rd Geneva Convention say?

Answer 49

Prisoners should be treated humanely

Question 50

What does the 4th Geneva convention say ?

Answer 50

4th Geneva Convention covers most civilians in an international armed conflict, that they are protected persons who have the right to protection from murder, torture, medical or scientific experiments and corporal punishment and brutality.