legal studies term 1

Question 1

statute law

Answer 1

considered the leading source of law made by parliament including federal (Commonwealth) law, state and territory parliaments and local authorities.

Question 2

common law

Answer 2

made by judges through court decisions based on judicial precedent. Judges are obliged to follow decisions of earlier cases in higher courts where factual circumstances are essentially the same. legal issue arises in society and goes to court who then interpret statutory law and make decision.

Question 3

what are the sources of law

Answer 3

common law, statute law, constitution

Question 4

adversirial system?

Answer 4

Used in Australia and other common law countries. The system provides each party, prosecution and defence, to present arguments in criminal trial to court. Independent & impartial judicial officer (magistrate or judge) listens to both sides and makes decision whether defendant is guilty or not.

Question 5

inquisitorial system?

Answer 5

used in civil law countries. Judge plays more active role in investigations into events, determining which witnesses are called and makes all legal factual decisions.
No jury

Question 6

Australian Constitution?

Answer 6

The

Question 7

describe concept and elements of rule of law

Answer 7

The concept of the rule of law is a foundation principle of the Australian legal system
asserting that all people are equal before the law, and that the government is subject to the law.
Everyone is bound by and entitled to benefit from laws.
Government must exercise the appropriate authority and must also be subject to the law
No individual or group is beyond the law, no one can be convicted of a crime without a proper trial using established and valid laws.
The law must be applied fairly and enforced to all

Question 8

describe separation of powers

Question 9

describe difference between onus of proof and standard of proof

Question 10

describe court hierarchy in Aus and QLD

Question 11

explain purpose of laws in society

Question 12

explain characteristics of effective law

Answer 12

Clearly known to public: For this to occur the public should understand law, judges should be able to understand/interpret law, and rate of change not frequent.
Acceptable to community:
reflects beliefs/values of society and in accordance with individual and community notions of justice
Applies equally to all
should apply equally to all citizens (including celebs, parliament members)
Capable of being enforced or may be ignored by people

Question 13

explain difference between rule and law

Answer 13

A rule regulates our lives in a more formal manner than social customs and are often in written form.

A law has three features distinguishing it from a custom.
1. Authority- authority to make laws
2. Consequences- enforcement of laws through consequences involving police/court/tribunals
3. Regulation- regulates the behaviour of society

Question 14

explain process of statutory law making and role of states, territories, and Australian government

Question 15

describe summary and indictable offences

Answer 15

A summary offence is a simple/less serious offence, heard before magistrate (e.g traffic offence).
An indictable offence is a more serious offence which requires committal hearing and trail, by judge and jury (rape, murder)

Question 16

describe criminal act (actus reyes) and criminal intent (mens rea)

Question 17

explain concept of just & equitable outcomes as foundation principle of criminal law in Aus

Question 18

explain process of statutory interpretation and role of courts

Question 19

explain what constitutes criminal behavior and identify different roles in an alleged criminal situation

Question 20

explain the criminal investigation process, features that contribute to just and equitable outcomes.

Question 21

explain types of evidence police may collect at crime scene and during investigation process

Question 22

explain rights and responsibilities of police (police powers and responsibility Act 2000)

Answer 22

Pursuant to legislation the police have power to search property, people and motor vehicles. carry out forensic procedure, DNA samples and arrest & detain a person.

Question 23

explain rights and responsibilities of suspects, accused & victims.

Answer 23

-the right to silence (not answer questions or make statements that may incriminate them)
-presumption of innocence (everyone is innocent until proven guilty)
-right to legal representation
(have a lawyer or legal advocate to represent them in legal matters)