Legal Studies part A topics

Question 1

Separation of Powers

Answer 1

• Constitution
  1. Legislative- Make Laws- Held by Parliament
  2. Executive- Enforce Laws- Held by Cabinet
  3. Judicial- Interpret Laws- Held by Courts
  -Westminster System- Overlap between Legislative and executive powers.
• Separation of powers is to prevent abuse of power.
  Different in US where president isn’t in parliament

Question 2

Rule Of Law

Answer 2

• Necessary in a Democracy
  -There are laws that are enforced.
  -Everyone is equal
  Checks and balances on the use of power
  -Free Speech
  Presumption of innocence
  -Independent Judiciary
  -Access to the Law

Question 3

Non-Indictable Offences

Answer 3

Section 3 of the Criminal Code 1899.
-Less serious
-Heard in magistrates court
-No jury
-Public Urination, Speeding, Drink Driving

Question 4

Indictable Offences

Answer 4

Section 3 of the Criminal Code 1899
-More serious
-Heard in district or supreme
-Jury
-Kidnapping, Murder
-Misdemeanour (LESS)
-Crime (MORE)

Question 5

Police Powers to Search Property

Answer 5

Under the PPRA 2000 they can search property following 3 circumstances:
1. Person gives permission
2. Search warrant, under sections 150 and 151
3. police reasonably suspect evidence will be lost, concealed or destroyed, (emergent searches, SEC. 159 & 160 PPRA

Question 6

Search of persons

Answer 6

Under the PPRA 2000 police can search body following these circumstances:
1. Permission is given
2. search warrant
3. Reasonably suspected that you have, a weapon, drugs, stolen property, tools or evidence on your person.

Question 7

Consent In S.A cases

Answer 7

Section 348 of the C.C 1899 defines consent as “Free and Voluntary”
A person may withdraw consent at any time.
Lack of physical or verbal resistance by itself is NOT consent.

Question 8

What amounts as Non Consent?

Answer 8

The person does not do or say anything to communicate consent
No cognitive capacity, so affected by alcohol or drugs that they cannot consent
Unconscious or asleep
coercion blackmail or intimidation is involved
abuse of authority is involved
sex worker who things they are being paid when they aren’t

Question 9

what is the section that explains consent in S.A Cases?

Answer 9

Section 348 of the criminal code 1899

Question 10

What are emergent searches?

Answer 10

when a police officer reasonably suspects evidence from a section two crime or misdemeanour will be tampered with or destroyed

Question 11

What two personal searches can be done

Answer 11

Pat down search limited to above clothes, can be done in public by an officer
Intimate, under clothes, done in private with an officer with the same gender by a doctor in a medical setting.

Question 12

What is the 1st paragraph in part B

Answer 12

Nature and scope
explain the relevant law
explain the potential issues with the law and who is affected

Question 13

What is the 2&3 paragraph in part B

Answer 13

1st and 2nd viewpoints
identify and explain the viewpoint
use evidence from the sources
explain the consequences of the viewpoint

Question 14

What is the 4th paragraph in part B

Answer 14

Explain the first possible change
identify the positives and negatives
explain the second possible change
identify the positives and negatives

Question 15

What is the 5th paragraph in part B

Answer 15

Recommendation
answer the exam question
make your recommendation
justify the recommendation of using legal criteria
discuss the implications of the recommendation

Question 16

What is the legal Criteria

Answer 16

rule of law
just and equitable outcomes
balancing individual rights with the good of the community