Law In Action - Contact With The Law Flashcards
Legal Capacity
Define
ability to hold rights and responsibilities in law and to exercise them
Factors that affect legal capacity
- Age (18- minors treated differently under law, 18+ full legal capacity)
- Mental status (affects capability to make legal decisions
Law that affects young people in Australia
Education Law
- Compulsory school attendance to a cetain age
- Access to special education services
- Rights and responsibilities at school
Law that affects young people in Australia
Employment Law
- Minimum working age
- Restriction on type of work and hours
- Rights to fair pay and safe working conditions
Law that affects young people in Australia
Criminal Law
- Age of criminal responsiblity (10)
- Juvenile justice system
- Diversion and rehabilitation programs
Law that affects young people in Australia
Family Law
- Child custody and support arrangement
- Protection from abuse and neglect
- Rights to have a say in family court matters
Law that affects young people in Australia
Heath Law
- Consent to medical treatment
- Access to mental health services
- Confidentiality and privacy in healthcare
Law that affects young people in Australia
Consumer Law
- Rights related to purchasing goods and services
- Protection against unfair trading practicies
- Legal capacity to enter contracts
Law that affects young people in Australia
Social Wellfare Law
- Access to social services and benifits
- Rights within the foster care system
- Support for homeless youth
Law that affects young people in Australia
Substance Control Law
- Legal age to purchase alcohol and tobacco
- Regulations on drug use and possession
- Consequences of breaking substance control laws
Law that affects young people in Australia
Cyber Law
- Online privacy and protection
- Legal consequences for cyberbullying and online harassment
- Age restrictions on online platforms
Crime
Define
When an individual breaches a law and commits an offence against the community ot a victim
Two forms of a legal defence
- Denial of prosecuter claims
- Legal excuse or justification for actions
Basic underpinning principals of criminal law
- Innocent until proven guilty
- Guilt must be proved beyond reasonable doubt
- A person has the right to remain silent
- Double jeopardy
Right to remain silent
- Post 2013
- No general law but may damage chances in case
Double Jeopardy
- Emphasises the finality of verdicts
- prevents prosecution from being used as harassment
- Since 2006, doesn’t apply to cases where the aquittal of a sentence is challenged by new and compelling evidence
General guidelines for criminal sentencing in youth
- Children under 10 cannot be charged with criminal offence
- Between 10 and 14, prosecuter must prove they knew their actions were seriously wrong
- If under 18 when alledged offence occuredand are under 21 they are considered a child to the law
Dismissal
- Applicable to 1st time, minor offences
- Megistrate may dismiss the charge completly
- A second s 10 order cannot be made within 5 years of the first
Fines
- Can be imposed alongside other penalties
- Court must consider the individual’s ability to pay
- Typically payable within 28 days
- Defined in penalty units
Disqualification from holding licence
Magistrate can disqualify from holding a license if deemed unfit for a license
Conditional release order
- Released immediatly if agreed to specific conditions
- Typically require good behavior from 1-5 years
Community Service Orders
Can be imposed alongside a fine
Intensive Correction Orders
- Allows offenders to serve sentence in the community
- Conditions can include home detention, electronic monitoring, community service and rehabilitation services
- Mandatory supervision
- Not applicable for serious offences
Imprisonment
- Full time imprisonment is a last resort
- fixed terms of detention over 6 months can include parole and non parole periods
Supervision In The Community
Probation/parole officer to ensure offenders meet conditions
Compensation
- For personal injury or death by crime
- up to $50 000
Civil Law
Define
- All law not considered in criminal law
- Individuals, companies and governments in legal action againt each other
- plantiff brings case and defendant responds
- Proved on the balance of probabilities
2 Resolutions of a Civil Case
- Compensation (damages paid by defendant
- Injunction (specific conduct required or stopped)
Factors of contract validity for minors
- Age of said minor
- Nature of the service
- Social and economic status of the minor
- Past contractual agreements
Negligence
Define
faliure to exercise proper care, which could result in other injury
Process of a Civil Case
- Plantiff fills out statement of claim
- Delivered to defendant
Minors’ abilities in Civil Law
- Unable to apply to bring civil action without a legal guardian who takes naming of case and pays compensation
- Are still responsible for breaches of tort law
Vicarious Liability
Define
One party is responsible for the actions or negligence of a third party
Rebuttable Presumption
When the law requires the court to presume something until evidence proves otherwise
Actus Reus
‘guilty act’
the physical elements or actions of a crime
Mens Rea
‘guilty mind’
mental state or intent behind the criminal act
