Legal unit 1

Question 1

Rule of law

Answer 1

the law applies to everyone equally, more broadly fundamental human rights

Question 2

Division of powers

Answer 2

• Three different types of powers
  ○ Exclusive
  ○ Concurrent
  ○ Residual

Question 3

Exclusive

Answer 3

Commonwealth only

Question 4

Concurrent

Answer 4

Both commonwealth and state

Question 5

Residual

Answer 5

State laws

Question 6

Separation of powers

Answer 6

aims to keep separate the powers of making, implementing and interpreting the law

Question 7

Legislative

Answer 7

Makes the law-parliament

Question 8

Executive

Answer 8

Implement the law-cabinet (ministers)

Question 9

Judicial

Answer 9

Interpret the law-courts

Question 10

Statute law

Answer 10

Made by parliament

Question 11

Common law

Answer 11

Made by judges

Question 12

Bicameral

Answer 12

2 houses, house of representatives, senate

Question 13

Unicameral

Answer 13

1 house, house of representatives

Question 14

Ratio Decidendi

Answer 14

• Judges reason for decision
  
  • Binding part of the precedent

Question 15

Obiter Dicta

Answer 15

Persuasive part

Question 16

Criminal

Answer 16

• Committed an offence / ‘broken the law’
  
  • Prosecution v Defendant
    Prosecution and defendant
    Onus on prosecution
    Beyond reasonable doubt

Question 17

Civil

Answer 17

• Between 2(or more) parties
  
  • Plaintiff v defendant
    Plaintiff and defendant
    Onus on plaintiff
    Balance of probabilities

Question 18

Adversarial system

Answer 18

When the court acts a referee between the prosecution and the defense

Question 19

Inquisitorial system

Answer 19

When the court is actively involved in the proof of facts by taking investigation of the case

Question 20

Mens Rea

Answer 20

As an element of criminal responsibility a guilty mind; a guilty or wrongful purpose; a criminal intent

Question 21

Actus Reus

Answer 21

Action or conduct which is constitutes the element of a crime the act itself

Question 22

Non-indictable offences

Answer 22

Regulatory offences are the least serious offences
Simple offences are also summary offences

Question 23

Indictable offences

Answer 23

Misdemeanors are more serous offences
Crimes are the most serious offences