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Year 11 revision > Legal Exam Revision > Flashcards

Legal Exam Revision Flashcards

1
Q

Burden of proof

A

Who has to prove the case

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2
Q

Standard of proof

A

level to which they have to prove it

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3
Q

Who has burden of proof (civil law)

A

Paintiff

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4
Q

Who has burden of proof (criminal law)

A

Prosecution

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5
Q

Standard of proof (civil law)

A

Balance of probabilities

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6
Q

Standard of proof (criminal law)

A

Beyond reasonable doubt

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7
Q

Individual rights

A
  • Reason for arrest
  • Right to contact a family member and lawyer
  • Right to remain silent, except you have to state your name and address
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8
Q

Elements of the criminal process

A
  • Arrest
  • Questioning
  • Bail
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9
Q

Institutional powers

A
  • Right to arrest under reasonable grounds and take to the police station.
  • Right to Questioning
  • Right to refuse bail
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10
Q

Court hierarchy

A
  1. High Court
  2. Supreme Court: Trial division + Court of appeal
  3. Country Court
  4. Magistrates Court
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11
Q

What is the role of the jury in criminal and civil cases?

A

To reach a verdict

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12
Q

How many members are there on a criminal and civil jury?

A

Criminal - 12
Civil - 6

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13
Q

What is the difference between a majority and unanimous verdict?

A

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

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14
Q

Disqualified from jury duty

A

If you have a criminal record, bankrupt, on bail, sentenced in the past 2 years.

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15
Q

Ineligible from jury duty

A

Employed in a legal profession, police or court official, and if you are unable to do tasks.

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16
Q

Excused from jury duty

A

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.

17
Q

What are the 3 types of sanctions?

A
  • Imprisonment
  • Fines
  • Community corrections order (CCO)
18
Q

What is imprisonment?

A

Imprisonment is a sanction of last resort.
example of offence: murder, drug trafficking, theft, armed robbery, indecent assault, rape and obstructing a police officer

19
Q

What is a fine?

A

A court order to pay a monetary penalty. example of offences: traffic infringements and vandalism

20
Q

What is a community corrections order?

A

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.

21
Q

What are mandatory conditions in a CCO?

A
  • no re-offending
  • not leaving the state without permission
  • reporting to a community corrections center
22
Q

What are additional conditions in a CCO?

A
  • Undertake medical treatment or rehabilitation
  • No consumption of alcohol
  • Complete unpaid community services/work
  • Abide by a curfew
23
Q

What are the 5 purposes of sanctions?

A

Deter
Denounce
Protect
Punish
Rehabilitation

24
Q

Outline the sanctions purpose of Deter

A

Deter both the offender and society from committing the same offence in the future.

25
Q

Outline the sanction purpose of Denounce

A

It will usually act to denounce the crime, to make it clear society disprove of the conduct.

26
Q

Outline the sanction purpose of Protection

A

To protect society as the offender is removed from society and held in custody.

27
Q

Outline the sanction purpose of Punishment

A

To punish the offender, who is removed from society.

28
Q

Outline the sanction purpose of Rehabilitation

A

To help the offender to learn the error in their ways and teach them to not want to re-offend.

29
Q

Define aggravating factors

A

Factors particular to the offence, the victim or the defendant which may warrant a higher penalty

30
Q

Define mitigating factors

A

Any fact or circumstance that lessens the severity or culpability of a criminal act.

31
Q

Define Remedy

A

The means by which a legally recognised wrong is subsequently addressed in the pursuit of justice.

Year 11 revision (2 decks)

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