Legal Exam Revision Flashcards
Burden of proof
Who has to prove the case
Standard of proof
level to which they have to prove it
Who has burden of proof (civil law)
Paintiff
Who has burden of proof (criminal law)
Prosecution
Standard of proof (civil law)
Balance of probabilities
Standard of proof (criminal law)
Beyond reasonable doubt
Individual rights
- Reason for arrest
- Right to contact a family member and lawyer
- Right to remain silent, except you have to state your name and address
Elements of the criminal process
- Arrest
- Questioning
- Bail
Institutional powers
- Right to arrest under reasonable grounds and take to the police station.
- Right to Questioning
- Right to refuse bail
Court hierarchy
- High Court
- Supreme Court: Trial division + Court of appeal
- Country Court
- Magistrates Court
What is the role of the jury in criminal and civil cases?
To reach a verdict
How many members are there on a criminal and civil jury?
Criminal - 12
Civil - 6
What is the difference between a majority and unanimous verdict?
A unanimous verdict is when the jury’s vote is 12/12 jurors.
A majority verdict is when the jury’s vote is 11/12
Disqualified from jury duty
If you have a criminal record, bankrupt, on bail, sentenced in the past 2 years.
Ineligible from jury duty
Employed in a legal profession, police or court official, and if you are unable to do tasks.
Excused from jury duty
You can be excused if you are ill/poor health, incapable, have a far distance to travel, will cause substantial hardship, cause substantial financial hardship, advanced age, or a practicing member of a religious society.
What are the 3 types of sanctions?
- Imprisonment
- Fines
- Community corrections order (CCO)
What is imprisonment?
Imprisonment is a sanction of last resort.
example of offence: murder, drug trafficking, theft, armed robbery, indecent assault, rape and obstructing a police officer
What is a fine?
A court order to pay a monetary penalty. example of offences: traffic infringements and vandalism
What is a community corrections order?
A CCO is an order that is satisfied by the offender in the community on a number of conditions.
example of offence: indictable offences, low violence, no weapons, and a bar fight.
What are mandatory conditions in a CCO?
- no re-offending
- not leaving the state without permission
- reporting to a community corrections center
What are additional conditions in a CCO?
- Undertake medical treatment or rehabilitation
- No consumption of alcohol
- Complete unpaid community services/work
- Abide by a curfew
What are the 5 purposes of sanctions?
Deter
Denounce
Protect
Punish
Rehabilitation
Outline the sanctions purpose of Deter
Deter both the offender and society from committing the same offence in the future.
Outline the sanction purpose of Denounce
It will usually act to denounce the crime, to make it clear society disprove of the conduct.
Outline the sanction purpose of Protection
To protect society as the offender is removed from society and held in custody.
Outline the sanction purpose of Punishment
To punish the offender, who is removed from society.
Outline the sanction purpose of Rehabilitation
To help the offender to learn the error in their ways and teach them to not want to re-offend.
Define aggravating factors
Factors particular to the offence, the victim or the defendant which may warrant a higher penalty
Define mitigating factors
Any fact or circumstance that lessens the severity or culpability of a criminal act.
Define Remedy
The means by which a legally recognised wrong is subsequently addressed in the pursuit of justice.
