legal exam

Question 1

Who enforces criminal law?

Answer 1

Victoria police/Federal police

Question 2

What does it mean to enforce criminal law?

Answer 2

To enforce criminal law means to actively participate in making sure people obey the legal principles of their region and/or nation

Question 3

What are sanctions?

Answer 3

Criminal penalties imposed by the courts

Question 4

5 purposes of sanctions

Answer 4

Punishment
Deterrence
Denunciation
Rehabilitation
Protection

Question 5

Punishment

Answer 5

Purpose is to punish offender – allows victims and families to seek retribution without taking law into their own hands. If they do, crime increases and no social cohesion. So, courts seek revenge on behalf of society by imposing sanction that will punish.

Question 6

Deterrence

Answer 6

The law aims to deter/discourage the offender AND others in society from committing the same or similar offences in the future – by imposing a penalty severe enough that the offender and others can see serious consequences of committing the crime.
General deterrence = discourages people in general from committing act
Specific deterrence = aimed at stopping the offender who is being sentenced

Question 7

Denunciation

Answer 7

When deciding on a sanction for a crime, the court can impose a sentence harsh enough to show its disapproval. It is designed to send message that this type of criminal behaviour will not be tolerated by the courts.

Question 8

Rebailitation

Answer 8

It is in society’s interests to try help offenders change their ways, otherwise criminal rates and prison costs will rise. In giving offenders improved opportunities in education, training, assistance and support, the legal system hopes offenders will change their ways and become law abiding citizens.

Question 9

Protection

Answer 9

Aims to ensure safety of society by imposing a sanction that prevents offender from harming again. An offender may be required to serve a term of imprisonment to remove the offender from society so they cannot commit any more harmful acts and keeps society safe.
Although imprisonment as a sanction is last resort, some offenders are deemed a danger to society from lack of remorse, offenders’ callous attitude and nature of crime so should be kept in as long as possible.

Question 10

Types of sanctions

Answer 10

Imprisonment
Drug Treatment order
CCO
Fine

Question 11

Imprisonment
How?
Purpose?

Answer 11

Record a conviction and order that the offender serve a term of imprisonment.
Is the most serious sanction and removes offender from society and into prison.
Aims to protect community and punish offender.

Question 12

DTO
How?
Purpose?

Answer 12

Record a conviction and order the offender undertake a judicially supervised drug or alcohol treatment program.

Question 13

CCO
What?
Purpose?

Answer 13

Sanction that allows offender to be in community while serving sanction. Is seen as a flexible sentencing option that can be given for wide range of crimes. Can be combined.
Without or with recording a conviction, make a CCO in respect to of the offender. The order will be made with conditions attached:
- mandatory condition (apply to every offender like must not commit an offence punishable by imprisonment during the period of the order, must report to CC officer, must comply with rules)
- optional conditions (specific to offender, at least one is given like unpaid community work, treatment and rehabilitation, curfew and supervision)

Question 14

Fine

Answer 14

With or without recording a conviction, order the offender to pay a fine, which is a sum of money payable to the court.

• Is a monetary penalty paid by offender to State of Victoria. Expressed in penalty units.
• can be imposed in addition to another sentence

Question 15

Mediation

Answer 15

Mediation is an alternate method to a hearing where both parties can read an agreement themselves with an impartial mediator who guides them through reaching an agreement through negotiation but cannot offer advice or suggestions.

Question 16

Conciliation

Answer 16

• Conciliation is similar to mediation in that the parties are the ultimate decision makers and the impartial conciliator is just there to guide the dispute.
• Parties can live amiably with each other because of the less formal way of resolution, the outcome and process is likely to be more comfortable and so less tension will arise between parties.

Question 17

Arbitration

Answer 17

Arbitration is where an independent third-party listens to the disputing parties and helps them reach an agreement through a binding decision. instead of going to court they are choosing a private dispute resolution.

Question 18

Role of tribunals

Answer 18

Tribunals are dispute resolution bodies that are given power by parliaments to resolve certain types of disputes. Their purpose is to provide people with a lower cost, efficient and quick method of dispute resolution.

Question 19

tribunal example

Answer 19

VCAT is a tribunal that deals with a range of civil disputes and is made up of four divisions that section those claims such as Human Rights Division (discrimination claims) and Civil division (small civil claims). Its purpose is in line with that of all tribunals: provide a low cost, accessible and efficient method of dispute resolution.

Question 20

Complaints body example

Answer 20

• The Victorian Equal Opportunity and Human Rights Commission is an independent body that handles complaints about sexual harassment, victimisation, discrimination, etc.
  They use conciliation to resolve disputes, and do not have the power to conduct a hearing, award compensation or make binding decisions.

Question 21

Role of complaint bodies…

Answer 21

Complaint bodies deal with complaints to do with goods, services and industries and the decisions of certain bodies or authorities. They are free and their services are flexible and accessible to everyone.

Question 22

Civil jurisdiction:
Magistrates
County
Supreme Trial division/court of appeal
High court

Answer 22

M:
Original jurisdiction = Claims up to $100 000
Appellate jurisdiction = No
C:
Original jurisdiction=Unlimited
Appellate jurisdiction = No, unless given under specific Act of Parliament
Trial division:
Original jurisdiction = Unlimited
Appellate jurisdiction = Appeals on a question of law from the Magistrates’ Court and VCAT
Appeal:
Original jurisdiction = N/A
Appellate jurisdiction = Appeals from the County Court, Supreme (Trial Division) or VCAT when constituted by the president or a vice president
H:
Original jurisdiction = Cases which involve interpretation of the Constitution
Appellate jurisdiction = Certain appeals against the decisions from other courts (Supreme courts or Federal courts)

Question 23

What is a right?

Answer 23

A right is a moral or legal entitlement to something.
What people consider their “rights” varies from person to person depending on who they are, what they believe and what their country believes. Although they are hard to define, the common understanding of them is they protect and support respect, dignity, equality, justice. They reference the protection of basic freedoms which include things like: The right to life

Question 24

How does Australia protect rights?

Answer 24

Australia protects rights through statute law, common law, and the Australian Constitution. (The way Australia protects rights is not the same as other western democracies).

Question 25

Protect rights through statue law

Answer 25

Majority of rights are protected by Commonwealth, state and territory legislation. Such as freedom of discrimination/protecting individuals from discrimination on basis of sex religion race age etc. The Commonwealth Parliament has the power to protect rights of all Australians through legislation/the states and territories can pass laws to protect the residents of their states’ rights.

Question 26

Protect rights through common law

Answer 26

laws that have been established by state and federal laws through precedent. Judges have big role in protecting rights because when resolving disputes about human rights they must interpret legislation which establishes legal principles for the future (not easy to define). Eg. Right to silence (accuse should not have to answer police questions), right to fair trial (court can stop if so)

Question 27

Protect rights through constitution

Answer 27

The Australian constitution protects a limited number of rights of Australian people. For example, among other rights, it guarantees five express rights of people which are specifically written in the constitution.

Question 28

What is a civil remedy?

Answer 28

Civil remedies generally aim to persuade or coerce non- offending third parties to take responsibility and action to prevent or end criminal or nuisance behavior

Question 29

Purpose of civil remedy

Answer 29

The purpose of civil remedies is to restore as much as possible the party who has suffered loss or injury, to the position they were in before the incident occurred. It usually in the form of damages, this being where the defendant is ordered to pay the plaintiff a decided sum of money to compensate for their loss. For example, an injured person might claim a sum of money to compensate for pain and suffering as a result of the defendant’s civil wrong that caused the injury. This money would be referred to as general damages because it is awarded to the plaintiff for pain and suffering.

Question 30

Do civil remedies achieve their purpose?

Answer 30

Civil remedies aim to persuade non- offending third parties to take responsibility and action to prevent or end criminal or nuisance behaviour. Damages cannot restore someone to the original position if they suffered a loss more than purely economic.

Even though courts try to compensate, it is difficult to return a plaintiff to their position before in most situations.

Question 31

Types of damages

Answer 31

General damages =
Compensate plaintiff for non-financial losses (i.e. pain, suffering, loss of consortium)
Specific damages

A type of compensatory = damages- provides compensation for a measurable cost of the civil wrong (such as medical or legal costs)