Legal Studies

Question 1

What is Social Cohesion? How is it achieved?

Answer 1

the willingness of members of society to cooperate in order to survive and prosper.
- laws act as guidelines about acceptable behaviour. They set expectations for individuals to follow about how they should act and behave.
– individuals can acknowledge and follow the law.
- the legal system is important in achieving social cohesion because they make sure there is no complete control over power and everyone works together in achieving a fair governing system.

Question 2

What are some threats to social cohesion?

Answer 2

• Organised crime
• Corruption
• Lawlessness

Question 3

What are legal and non-legal rules?

Answer 3

• Legal rules are rules which are established by the government and have to be followed by everyone in the country, for example wearing a seatbelt while driving and stopping at a stop sign.
• Non-legal rules are established by people who are not in government for example the principal in a school and they enforce a rule that you have to have your hair tied back and wear your blazer.

Question 4

What is Criminal Law?

Answer 4

an area of law that defines behaviours and conduct that are prohibited (crimes) and outlines sanctions (punishments) for people who commit them

Question 5

Who are the parties involved in a criminal case?

Answer 5

The prosecution or the crown and the defence or the accused.

Question 6

What are the two elements of a crime? What’s the exception to this?

Answer 6

Actus reus (guilty act) and mens rea (guilty mind). people under the age of 10 cannot be charged.

Question 7

What is the age of criminal responsibility in Victoria?

Answer 7

• under 10 years old: cannot be charged with a crime
• 10 to 13 years old: can be charged, if the prosecution can prove the child knew their actions were wrong
• 14 years or older: a person 14 years old or older can be charged with committing a crime

Question 8

What is the burden of proof in a criminal case?

Answer 8

the prosecution is responsible for presenting valid, reliable and sufficient evidence in court to prove the accused is guilty.

Question 9

What is the standard of proof in a criminal case?

Answer 9

the evidence presented by the prosecution must prove that the accused is guilty beyond reasonable doubt.

Question 10

What is an indictable offence? What are two examples?

Answer 10

serious offences
examples; murder, manslaughter, rape

Question 11

What is a summary offence? What are two examples?

Answer 11

less serious crimes
examples; speeding, minor theft, minor assault

Question 12

What is a sanction? What is the worst sanction a court can give?

Answer 12

punishments given to those who are found guilty
examples; fines, community corrections orders, imprisonment
- the worst sanction is life imprisonment

Question 13

What is Civil Law?

Answer 13

An area of law that defines the rights and responsibilities of individuals, groups, and organisations in society and regulates private disputes.
Civil law enables people to enforce their rights where loss or harm has occurred.

Question 14

What is a breach?

Answer 14

the plaintiff will need to prove that the defendant has broken or failed to fulfil a duty or obligation

Question 15

What is causation?

Answer 15

the plaintiff will need to prove that the defendants actions resulted in harm or loss suffered by the plaintiff

Question 16

What is loss?

Answer 16

the plaintiff will need to prove that a type of harm, loss or damage was suffered

Question 17

What is the limitation of actions?

Answer 17

The law imposes strict time limits, known as limitation periods, within which civil actions must be commenced in court

Question 18

Who are the parties involved in a civil matter?

Answer 18

Plaintiff: The person or group who claims they have been legally wronged. Their role is to prove that the defendant is liable (legally responsible). Their goal is to be awarded a remedy for the loss they have suffered due to the civil wrong
Defendant: The person or group who allegedly breached a civil law/ Their role is to defend themselves against the plaintiff. Their goal is to avoid a remedy being awarded against them

Question 19

What is the burden of proof in a civil case?

Answer 19

the responsibility to prove a case

Question 20

What is the standard of proof in a civil case?

Answer 20

the degree or extent to which a case must be proved in court

Question 21

What is the court hierarchy?

Answer 21

• High Court of Australia (federal)
• Supreme court of vic
• county court
• magistrates’ court

Question 22

What are the areas of civil law?

Answer 22

• Negligence
• Nuisance
• Defamation
• Discrimination
• Break of contract
• Wills and inheritance of laws