laws Flashcards

1
Q

civil or criminal? Teresa slipped over a wet floor in the supermarket and broke her leg.

A

civil

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2
Q

civil or criminal? Diana ordered some curtains and paid for them in full. The curtain company did not install the curtains despite repeated requests to do so. Diana requested her money back but the curtain company refused to refund the money.

A

civil

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2
Q

civil or criminal? Paul was pulled over by the police and was found to be driving with a blood alcohol level over the legal limit.

A

criminal

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3
Q

civil or criminal? Zara punched and severely injured Stephen.

A

criminal

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4
Q

civil or criminal? Carrie failed to turn up to yard duty and one of the students was injured when a ball was accidentally thrown. These ball games had been banned in this area of the school

A

civil

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5
Q

define summary offence

A

minor criminal offences often heard in magistrates court

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6
Q

define indictable offence

A

serious criminal offences heard before judge and dury

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7
Q

summary or indictable? murder

A

indictable

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8
Q

summary or indictable? minor property damage

A

summary

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9
Q

summary or indictable? aggravated robbery

A

indictable

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10
Q

summary or indictable? speeding 30km over the speed limit

A

summary

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11
Q

summary or indictable? culpable driving

A

indictable

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12
Q

associated with civil law or criminal law? fine

A

criminal

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13
Q

associated with civil law or criminal law? prosecute

A

criminal

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14
Q

associated with civil law or criminal law? plaintiff

A

civil

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15
Q

associated with civil law or criminal law? negligence

A

civil

16
Q

associated with civil law or criminal law? compensation

A

civil

17
Q

associated with civil law or criminal law? accused

A

criminal

18
Q

associated with civil law or criminal law? sue

A

civil

19
Q

sue meaning

A

to use the law to get a
person /company to give you something

20
Q

accused meaning

A

person charged with a crime

21
Q

compensation

A

money awarded to someone for their loss

22
Q

negligence

A

failure to take proper care

22
Q

fine

A

sum of money to be paid as punishment

22
Q

plaintiff

A

person who brings a case against another in civil court

22
Q

prosecute

A

officially accuse someone of a crime in court

23
Q

define criminal law

A

endangers to society that are brought to action by the state

24
Q

define civil law

A

deals with disputes between people seeking compensation and resolution

25
Q

2 advantages of court hierarchy

A

specialised courts such as family courts and Koori court

appeals process means errors or injustices can be reviewed and corrected.

26
Q

2 disadvantages of court hierarchy

A

delays - due to appeals higher courts can have very high case loads

navigation - multi teared court systems can be hard to navigate

26
Q

2 disadvantages in in Australias legal system

A

people with financial disadvantages who cant afford representation can struggle

refugees and recent migrants due to potential language barriers and lack of understanding of Australia’s legal system

27
Q

explain rule of law

A

fair trial
equality before the law (no one is above the law)
everyone gets the right to a reasonable appeal

28
Q

define statutory authority

A

a body or organisation that is established by parliament to make laws on its behalf eg. vicroads and Australia post

29
Q

defin judiciary

A

interprets and applies the laws made by parliament

30
Q

define magistrate

A

an offical who hears and judges minor cases

31
Q

define statutory authority

A

and Australian government body established through legislation for a public purpose

32
Q

define legislation

A

the written law made by parliment