LEGAL STUDIES Flashcards
Laws
legal rules made by a legal authority that are enforceable by the police and other agencies.
Parliament
a formal assembly fo representatives of the people that is elected by the people and gathers to make laws
Fairness
fairness means having fair processes and a fair hearing.
Equality
equality means people should be equal before the law and have the same opportunity to present their case as anyone else, without advantage or disadvantage
due to any attribute or characteristic
Access
access means that all people should be able to understand their legal rights and pursue their case.
The purposes of sanctions:
rehabilitation, punishment, deterrence, denunciation and protection
– the burden of proof
The obligation of a party to prove a case. The burden of proof usually rests with the party who initiates the action.( i.e. the prosecution in a criminal case plaintiff in a civil case).
– the standard of proof
Refers to the strength of the evidence needed to prove the case, in a criminal case the standard is beyond reasonable doubt meaning there the jury usually decides no other logical or reasonable conclusion can be reached based on the facts, that the accused is guilty
ie on the balance of probabilities in a civil case
– the presumption of innocence
‘Innocent until proven guilty’, where an accused is tried as innocent until the prosecution has proved otherwise. Maintained by beyond reasonable doubt, burden of proof on the prosecution, bail, committal proceedings.
factors to consider when initiating a civil claim
Negotiation options
Costs
Limitation of actions
The scope of liability
Enforcement issues
the purposes of remedies: damages
Compensatory damages
Nominal damages
Exemplary damages
Contemptuous damages
the purposes of remedies: injunctions
restrictive
mandatory
