Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Commerce > Law in Action > Flashcards

Law in Action Flashcards

1
Q

doli incapax

A

child who isn’t capable of understanding

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

6 punishments

A

rehabilitation
incapacitation
retribution
deterrence
general
specific

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

rehabilitation

A

trying to fix cause rather than end result

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

incapacitation

A

letting person not do things, similar to jail

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

retribution

A

punishment should hurt and be bad enough to reflect what society believes has been done wrong

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

deterrence

A

making punishment harsh enough that they won’t do it again

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

general

A

trying to ensure that other people in community won’t do it, general law/punishment
e.g. death sentence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

specific

A

they won’t do it again
specific to person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

warning

A

given by police when alleged offence is not serious

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

cautions

A

more serious than warnings
happens at police station

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

judge

A

ensures rulings and procedures are followed
oversees procedural fairness and sentences perpetrators
sometimes determine facts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

witness

A

person who has seen or heard something relevant to the case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

prosecutor

A

decides what evidence is necessary to convince court that offence has been commited beyond reasonable doubt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

magistrate

A

judge in local court
always determine guilt or innocence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

accused

A

person who is accused of crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

plaintiff

A

prosecutor in civil case
brings claims for damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

respondent

A

accused in civil case
respond to claims for money

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

appellent

A

party who disagrees with decision appealing to higher court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

expert witness

A

witness with experience in field of crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

jury

A

group of 6 to 12 people who determine facts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

negligence

A

when someone has not taken reasonable care

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

common law action

A

australia never defined or made a law about it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

duty of care

A

responsibility to make sure that they and other poeple are safe in workplace

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

breach

A

when person’s conduct fails to meet applicable standard of care

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

causation

A

plaintiff shows that breach in duty of care was cause of injury and losses

26
Q

harm

A

what came out of breach in duty of care
must not be far fetched of fanciful

27
Q

4 parts of negligence

A

duty of care
breach
causation
harm

28
Q

damages

A

civil cases
money’s payment (fine)

29
Q

4 types of damages

A

restitution
future economic loss
punitive
non-economic loss

30
Q

restitution

A

restores person as though accident didn’t happen

31
Q

future economic loss

A

amount which person would have received in lifetime is calculated and paid by respondent

32
Q

punitive

A

damages to deter others and punish someone

33
Q

non-economic loss

A

monetary compensation for non-money things

34
Q

proof in civil cases

A

balance of probability
above 50%

35
Q

proof in criminal cases

A

beyond reasonable doubt

36
Q

parts of contract

A

offer
acceptance
consideration

37
Q

offer

A

invitation to enter into contract on certain terms

38
Q

acceptance

A

compliance with terms of offer made by another person

39
Q

consideration

A

promise, performance or forebearance bargained by promisor in exchange for promise

40
Q

capacity

A

do they know enough about legal world to enter into contract

41
Q

verbal contract

A

established through words rather than written and documented

42
Q

if person is under 10

A

no criminal charge ever

43
Q

crime needs

A

guilty act and guilty mind

44
Q

groups in warnings

A

suggest planning/premeditation

45
Q

eligibility for cautions

A

determined by type, nature and seriousness of offence alagations

46
Q

decision on whether to give caution

A

police decide if it is in interest of justice

47
Q

maximum number of cautions

A

3

48
Q

if child does not appear for official caution

A

police can institute criminal proceedings

49
Q

recommended age of criminal responsibility

A

14

50
Q

how many court cases are juries used in

A

3-4% of cases
local courts don’t have jury

51
Q

delay in assembling jury

A

accused person being in jail for months without trial

52
Q

innocent inmates in NSW

A

10 000 inmates
4000 innocent

53
Q

6 advantages of jury

A

represent community values
keep judges accountable
will judge peers fairly
ensure confidence in justice system
good for rights to be upheld
have educational value and experience of being on jury shows real nature of system

54
Q

disadvantages of jury

A

slow
don’t know law
make mistakes
have prejudices
don’t understand legal process

55
Q

civil case

A

civil action brought by plaintiff against repondent

56
Q

contracts must have

A

intention to create legal relations

57
Q

requirement to enter contract

A

only people in conscious state of mind can enter contracts

58
Q

if offer is made and not accepted

A

contracts is not created or legally binding

59
Q

backing out of contract

A

if it results in loss of money compensation is necessary

60
Q

why do courts step in

A

to ensure fair outcomes

61
Q

if lying in advertisement

A

must be outrageous
customers fault for believing them

Commerce (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions