Laws, Courts, Criminal & Civil Law & The Jury System

Question 0

What are laws?

Answer 0

Legal rules, made by law-makers, that are able to be enforced through the courts

Question 1

What are rules?

Answer 1

Set of understood regulations within a particular area which individuals must follow

Question 2

Clearly define the difference between legal & non legal rules?

Answer 2

Legal rules: enforced by the police and court and everyone must follow them
(No speeding, no stealing)

Non legal rules: enforced by a leader and rules do not apply to everyone
(School rules, - must wear uniform, home rules)

Question 3

Why do we need laws

Answer 3

To provide safety and protection for the community, maintain order, prevent anarchy - no chaos - promote social cohesian, peace and people can know the guidelines/boundaries to their behaviour.

Question 4

Why do people in society have to follow the law?

Answer 4

So everyone can live in a safe environment and having to follow the laws allows people to follow guidelines in particular communities.

Question 5

How are laws enforced?

Answer 5

Laws are enforced by the police, courts and by a leader of a specific group

Question 6

Outline the characteristics of an effective law?

Answer 6

The law must be known: if we are to obey the law, we must know what the law is.

The law must be easy to understand: written in such a way that most people can understand what the law means.

The law must be acceptable to the community: acceptable to majority of people in which it reflects the morals and values of the community.

The law must be consistent: cannot be constantly changing because individuals could not expect to what the law is

The law must be able to be changed: kept up to date

The law must be enforced: to regulate behaviour and must be capable of being enforced

Question 7

Identify the 3 law making bodies in Australia

Answer 7

Federal: deals with matters involving all of AUS
⏬
State: deals with matters involving particular states
⏬
Local: deals with problems in local communities

Question 8

What is the role of the courts?

Answer 8

Hears disputes, interpret the law and deal with those who break the law

Question 9

Define jurisdiction?

Answer 9

Each court has the power to hear and determine certain types of cases

Question 9

What are specialist courts? Why are they necessary?

Answer 9

Specialist courts are either state or federal courts and do not form part of the traditional court hierarchy. They are necessary because they have expertise in that specific court

Question 10

What is a criminal law?

Answer 10

Public law which Involves offences/crimes committed against the state/community.

Question 11

List 7 different crimes?

Answer 11

Murder
Treason
Manslaughter
Burglary
Rape
Kidnapping
Sexual Assault

Question 12

What are indictable offences? Provide 2 examples

Answer 12

serious crimes (heard in County Court) and most serious crimes (heard in Supreme Court) 
Eg rape or culpable driving (serious crimes)
Eg murder (most serious crimes)

Question 13

What are summary offences?

Answer 13

Minor offences heard in the Magistrates Court

Eg. Traffic offences, speeding, drinking

Question 14

What is the difference between murder and manslaughter?

Answer 14

Murder is when an individual is killed with intention whereas manslaughter is when an individual is killed without intention

Question 15

Define and explain the difference between ‘released on bail’ and ‘remanded in custody’

Answer 15

Released on bail is When you are released from custody back into society on the condition that you return back for your court date whereas
Remanded in custody is Refused bail until court date.

Question 16

What are criminal sanctions? Provide examples

Answer 16

Legal punishment given by the courts

Imprisonment
Fine
Behaviour bond
Community service

Question 17

List 2 examples of sanctions and explain one advantage & disadvantage of each

Answer 17

Good behaviour Bond:

Fine:

Question 18

Explain the difference between ‘mens rea’ and ‘actus reus’

Answer 18

Actus reus: a guilty act where a law has been broken

Mens rea: a guilty mind where the accused of the crime intended to break the law (murder)

Question 19

Identify the 2 parties involved in a criminal case

Answer 19

Accused and Proescution

R v Daniels (accused surname)

Question 20

What are the 2 most common verdicts reached in a criminal trial?

Answer 20

GUILTY
OR
NOT GUILTY

Question 21

Burden and Standard of Proof for criminal cases?

Answer 21

Burden: the prosecution
Standard: “beyond reasonable doubt”

Question 21

Define key points of the legal definition murder

Answer 21

• most serious form of homicide

There are certain circumstances where a death will be treated as murder even if the defendant did not wish to kill the victim. This is called “transferred malice” and arises in 2 common cases

1. Defendant intended serious harm but did not intended for the person to die as a result
2. Several people share an intent to do serious harm, and the victim dies because of the action of any of those involved

Question 25

What is the role of police when enforcing the law

Answer 25

To keep society safe and orderly and ensure safety on roads, identify and investigate crimes as well as maintain safe and harmonious communities

Enforcing the law:
If a person is suspected of committing a crime, he or she can be arrested, taken to a police station and questioned for a reasonable time before being released or held in custody.

Questioning - demand your name and address if it is thought you have committed pr are about to commit a crime. Remain silent - don’t need to answer questions

Identifying - fingerprint (under 15 - parent must agree, children court order must be obtained) blood and body samples can be taken.

Searching - can search you if they have reasonable grounds for suspecting you are carrying a weapon, drugs or stolen property. You are allowed to ask why.

Arresting - can arrest you with a warrant, or can arrest you without a warrant if they believe you have committed a crime. You can ask why.

Question 26

Define Jury?

Answer 26

A group of ordinary people randomly selected to hear the facts of the case and decide whether the defendant is guilty or not guilty.

Question 27

What is the role of the jury?

Answer 27

Be independent and impartial
Decide of crime has been commited (persons rights infringed)
Deliver verdict

Question 28

What is a hung jury?

Answer 28

When in a case they can not come to a decision whether the accused is guilty or not guilty so it is left undecided

Question 29

How do they reach a verdict?

Answer 29

They will agree on a unanimous decision in all serious cases, however a majority may be accepted in some cases (11/12 - if the case has been going on for quite some time)

(Some even get 15 jurors and allow 12/15 for really long cases)

Question 30

Who is eligible to sit on a jury?

Answer 30

• anyone over the age of 18
• working
• no relation to the accused
• no criminal background
• no health issues

Question 30

What is the difference between criminal and civil disputes?

Answer 30

Criminal:

• involves a crime
• sanction is given
• allowed a jury of 12
• accused & prosecution

Civil

• involves the act of suing
• civil remedy is given
• allowed a jury of 6 (optional)
• plaintiff & defendant

Question 31

Who is not eligible to sit on a jury?

Answer 31

• police officers, lawyers, court officials
• mental health patients
• Intellectual disabilities
• physically handicapped if incapable of performing jury duty
• unable to speak english or understand english

Question 31

What is civil law?

Answer 31

Private law that deals with disputes between individuals where one person sues another person

Question 32

Briefly explain the procedures involved with the selection and empanelment of a jury:

Answer 32

Juries commissioner decides lf the number of people needed and then the VEC randomly selects names from electoral roll, questionnaires are then sent! Response are looked over by the Juries Commissioner and he classifies each into categories

Question 32

What are the 2 branches of civil law?

Answer 32

Contract law

And 4 tort law (4 torts: negligence, defamation, nuisance and trespass)

Question 33

Provide and explain 2 examples of civil law

Answer 33

Negligence: when a duty of care is owed, a duty of care is breached and a damage/injury has resulted

Defamation:when you spread untrue rumours about someone in the eyes of the public

Question 34

Identify the parties involved in a civil dispute?

Answer 34

Plantiff (person suing)
&
Defendant (person being sued)

Question 35

What is a civil remedy?

Answer 35

Legal remedy that someone has to pay to the victim of a wrong that he or she commits.

Question 36

List and explain 2 different remedies available in a civil case

Answer 36

Medical expenses - someone who is injured as a result of someones negligence, incurred medical expenses, would be entitled to damages equal to those medical expenses and other loss suffered.

Stolen Property - the victim may demand that the accused return the stolen property or may require the accused to pay the full value of the property stolen.

Question 37

Burden and Standard proof in civil cases

Answer 37

Burden of proof: Plaintiff

Standard of proof: “on the balance of probabilities”

Question 38

Why do we need laws to be changed?

Answer 38

They are changed because if there is a problem in the community that needs to be dealt with by the law and also to be kept up to date

Question 39

What are laws made by the courts called? Judge made law or common law

Answer 39

They are both as well as case law and precendent

Question 40

Explain why and how the courts make laws?

Answer 40

Why- to set a precendent

How- listen to cases and then deliver the verdict

Question 41

Explain the role of 6 court personnel who work in a courtroom

Answer 41

Protective service officer: provide security in the court

Witnesses: questioned about their knowledge of events by the barristers and the judge in the witness box

Associates: assist judges in their judicial tasks

Solicitors: prepare cases before they get to court and instruct barristers

Court reporter: records what is said so an official transcript can be typed

Jury: 6 for civil (optional) , 12 for criminal decide whether the defendant is guilty or not guilty or the liable or not liable

Question 42

Why do we need laws to be changed?

Answer 42

They are changed because if there is a problem in the community that needs to be dealt with by the law and also to be kept up to date

Question 43

What are laws made by the courts called? Judge made law or common law

Answer 43

They are both as well as case law and precendent

Question 44

Explain why and how the courts make laws?

Answer 44

Why- to set a precendent

How- listen to cases and then deliver the verdict

Question 45

Explain the role of 6 court personnel who work in a courtroom

Answer 45

Protective service officer: provide security in the court

Witnesses: questioned about their knowledge of events by the barristers and the judge in the witness box

Associates: assist judges in their judicial tasks

Solicitors: prepare cases before they get to court and instruct barristers

Court reporter: records what is said so an official transcript can be typed

Jury: 6 for civil (optional) , 12 for criminal decide whether the defendant is guilty or not guilty or the liable or not liable