Law in Action

Question 1

Age of majority

Answer 1

18 - someone is officially recognised as an adult, considered to have all legal rights and responsibilities

Question 2

Age of criminal responsibility

Answer 2

10 years - you can be accused and charged.

Up until 14 years old, it must be proven that you seriously know what what you did was wrong to be convicted.

Question 3

Doli Incapax

Answer 3

A Latin term that describes how children under 10 are not mature enough to be charged.

Under 16 - found guilty will have no conviction unless serious offence. If recorded, it can be wiped after 3 years if not in trouble since then.

Question 4

Actus Reus

Answer 4

“Guilty Act” - prosecution must prove that the accused committed the crime and that it was voluntary

Question 5

Mens Rea

Answer 5

“Guilty Mind” - proving there was negligence, intent or recklessness

Question 6

What does criminal law deal with?

Answer 6

robbery
murder
rape
drink driving
fraud
shoplifting
not paying transport fees

Question 7

What happens when someone is charged?

Answer 7

Prosecution must prove the accused person is guilty - BURDEN OF PROOF

Question 8

Punishments for crime (old)

Answer 8

whipping
exile
thumbscrews
capital punishment
deportation

NOTE: last aus execution was 1967

Question 9

Punishments for crime (new)

Answer 9

Deterrance
protection
reformation
retribution
reparation
vindication

Question 10

Deterrance

Answer 10

Putting people off crime

Question 11

Protection (punishment)

Answer 11

to protect society from the criminal

Question 12

Reparation

Answer 12

To compensate victims of a crime

Question 13

Vindication

Answer 13

To make sure the law is respected

Question 14

What happens when someone is gound guilty?

Answer 14

The magistrate or judge imposes an appropriate sentence. Punishments include:
fines
community service
detention
court mandated behaviour

Question 15

What are factors considered when sentencing?

Answer 15

guilty plea
degree of violence
prior convictions
level of hardship

Question 16

What happens in a civil case?

Answer 16

Non-criminal matters are managed such as disputes between individuals are handled

Question 17

What happens when civil wrongs are proven?

Answer 17

Plaintiff asks for money compensation - SEEKING DAMAGES

Sometimes, criminal law may become intertwined

Question 18

Contracts

Answer 18

Legally binding documents where those who sign it must do what it was agreed to

People can be held accountable if they do not fulfill their obligations

Question 19

Exemptions of a contract

Answer 19

Under 18 - jewellery contracts are not legally binding and loan contracts cannot be enforced which is why the borrower’s financial capacity must be taken into account.

Question 20

Guarantor

Answer 20

Guardian who offers to pay the loan if the individual is unable to.

Question 21

Negligence

Answer 21

When a person or organisation fails to exercise reasonable care and causes damages.

Question 22

What happens when negligence occurs?

Answer 22

Negligent party can be sued if 2 factors are proven:
1. that they were owed duty of care by the negligent party
2. that the negligence has resulted in the accused party suggering injury or hardship

Question 23

Violence

Answer 23

Verbal abuse
physical abuse
assault
sexual assault
harmful initiation ceremonies

Question 24

harrassment

Answer 24

less aggressive but still illegal
ridiculing
rumous
stealing
damaging property
demeaning comments
sexual harrassment

Question 25

Mediation

Answer 25

When a neutral party helps epople negotiate.

Do not ask for rights or wrongs - just aids in a compromise for both parties to feel like they have achieved something

Question 26

Conciliation.

Answer 26

Offers opinions and views

Question 27

Arbitration

Answer 27

3rd person assists them to reach a solution.

if unable to decide, the arbitrator decides finally for them.

Question 28

Restorative justice

Answer 28

The victim and offender speak face to face.

Victim explains how the crime affected them.
Offenders have a possibility of avoiding court or even a reduced sentence

Question 29

Formal Cautions

Answer 29

Can be issued by security or respected community members and are given based on seriousness, if violence is involved, harm caused