Law, Society and Politics Flashcards

1
Q

Role of Jury

A

The role of juries in court is to hear evidence, apply law as directed by the judge, and decide if the accused is guilty or not guilty of a crime/

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2
Q

What is Mediation?

A

The act of settling a dispute. A mediator assists the 2 parties (people and group/s) to settle on an agreement and resolve the dispute

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3
Q

The Role of the Local Court

A

The local court is the lowest in the judicial hierarchy in Australia and deals with minor civil disputes (cases). The local court also hears summary offences such as stealing.

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4
Q

What is Conciliation?

A

Similar to mediation except the conciliator can suggest possible solutions, advice and opinions.

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5
Q

What is Guilty Mind?

A

When an individual intends to commit a crime intentionally, for example, a person robbing a bank.

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6
Q

What is Arbitration?

A

When the arbitrator makes a final decision if the 2 parties cannot settle on an agreement. The parties must accept this decision.

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7
Q

What is Guilty Act?

A

When the accused committed the crime without intentionality (he/she did not think about doing it).

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8
Q

What is the role of the Judge?

A

A person who presides over court proceedings presented by the prosecutor and counsel for the defence. The Judge makes sure that jury understands the evidence that was presented and decides the punishment or sentence.

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9
Q

What is the role of the tipstaff?

A

The tipstaff help the judge keep order in court.

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10
Q

What is the role of the Witness?

A

The witness is someone who has evidence of the case. He/she presents the evidence and answers questions asked by the prosecutor and counsel for the defence.

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11
Q

What is the role of the Judge’s Associate?

A

The judge’s associate is a trained lawyer who manages much of the paperwork

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12
Q

What is the role of the Prosecutor?

A

The prosecutor assists the jury to arrive at the truth and to choose justice between the community and the accused.

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13
Q

Who and what is the role of the accused?

A

The person charged with or on a trial. He/she must defend his/her actions in court.

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14
Q

What is the role of role of the Media?

A

Members of the media that report and explain stories of interest and concern to the public.

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15
Q

What is the role of the Sheriff’s Officer?

A

Maintains security in courtroom

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16
Q

What is the role of the Counsel for the Defence?

A

A lawyer who helps defend the accused. They work to protect the rights of the accused they are representing.

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17
Q

What is the role of the Prison officer?

A

They supervise inmates (accused) held in correctional facilities such as prisons

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18
Q

What are the 4 levels of Court?

A

High Court, Supreme Court, District Court and Local Court

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19
Q

What is the meaning of Bail?

A

To release an accused person who is awaiting trial

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20
Q

What is the meaning of Adversarial system?

A

A system in which 2 opposing parties present their arguments to a magistrate or judge

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21
Q

What is the meaning of ‘beyond reasonable doubt’?

A

The standard of proof required in a crimminal trial

22
Q

What is capital punishment?

A

The practice of putting an offender to death as punishment for a crime

23
Q

What is civil law?

A

Deals with non criminal matters involving disputes between individuals and organisations

24
Q

What is a committal hearing?

A

A hearing in a local court to decide whether there is enough evidence to put a person on trial for a serious offense

25
What is common law?
A system of law based on the previous decisions of judges
26
What is a Constitution?
A document that outlines the powers of the parliament
27
What is crimminal law?
The law involves cases where the parliament has declared some action to be illegal.
28
What is double dissolution?
A decision made by the head of state to disolve both houses of parliment
29
What is the Good Behavior Bond?
A type of punishment whereby the offender agrees to display good behavior for a set time or they will foreit a sum of money and be sentenced for the orginal offense as well as any new offenses od which they may be found guilty
30
What is a guarantor?
A person who agrees to pay another person's debt if they are unable or otherwise unwilling to pay
31
What is an indictable offense?
A serious offense
32
What is a kinship?
a traditional Indigenous rules that outline the correct way of living
33
Who is a Magistrate and the role?
A court official who hears cases in the lowest court of law
34
What is a Plaintiff?
the party that commences a civil action
35
What is Statute Law?
Laws made by the parliament
36
What are the 4 main Australian political parties?
Labor, Liberal, The Greens and the Nationals
37
What are the separation of powers?
Parliament (makes and change laws), Executive (puts law into action) and Judiciary (makes judgments about the law)
38
What age must you be to vote?
Over 18
39
What are preferential votes?
Voting in the order that you prefer in case your favourite doesn't win.
40
What is non-parole?
A set of times a prisoner must serve before they can be released on the promise of good behavior
41
What is Dorothy dixer?
A rehearsed question asked of a government minister by a backbencher of their own political party.
42
What is statute law?
Laws made by the parliament
43
What is a charter?
An official document describing the goals and principles of an organisation
44
What is ceasefire?
A temporary or permanent suspension of fighting
45
What is codified?
Laws that have been collected are usually organised in written form.
46
What are the elements of crime?
Guilty Act and Guilty Mind
47
List the types of laws
The statute, Common, Civil, Criminal, Customary, Tort, Family, Private, Public, Property, Contract, Industrial, Constitutional, Administrative
48
List the factors that influence sentencing
The severity of the crime, criminal history, recommendation of the jury, victim impact statements, age, character (if you are remorseful or not), if the crime was committed as a guilty act or mind
49
Levels of government
Local (provide particular services to the community), State (Major State responsibilities include schools, hospitals, conservation and environment, roads, railways and public transport) and Federal (foreign affairs, social security, industrial relations, trade, immigration, currency, defence)
50
How are political parties created?
Name the party and write a party constitution, have at least 1500 members or a member of the Australian Parliament, and apply for registration with the Australian Electoral Commission.