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Yr 11 -Sem 1 > legaldeck > Flashcards

legaldeck Flashcards

1
Q

What is a summaryoffence?

A

Minor offence

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2
Q

What is an indictable offence?

A

Serious offence

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3
Q

What is ‘Rules’?

A

Rules are non-legal rules. Rules determine they way in which we are expected to behave that are not enforced by the law eg: school uniform, sports games

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4
Q

What is Civil Law?

A

Deals with disputes between individuals in our society

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5
Q

Criminal Law?

A

Law concerned with the rights of individuals and the welfare of society as a whole

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6
Q

Legal Rules(Laws)?

A

Laws created by institutions within the legal system, enforced by the law eg speed limit

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7
Q

non-legal rules (Rules)?

A

Rules established within a society, group not enforceable by the police eg: household rules

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8
Q

Norms?

A

Social expectations within groups

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9
Q

Social Cohesion?

A

Members of a community live together with peace, order and harmony.

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10
Q

What are the Characteristics of effective law? Name a few.

A

Known; easy to understand; Acceptable; Stable; Applied consistently; Enforced; Accessible

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11
Q

What is an Act?

A

Law passed by parliament. Legislation/Statutes

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12
Q

what is Bicameral?

A

a Parliament consisting of two houses.

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13
Q

What is the Constitution?

A

A document that sets out the structure and powers of parliament

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14
Q

What is Common Law?

A

Law developed by courts through precedent

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15
Q

Crown?

A

Authority of the Queen in Parliament and the legal system

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16
Q

Federation?

A

The joining of States or communities to form one government.

*states giving over powers to create a federation or nation.

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17
Q

Delegated Legislation?

A

the laws made by bodies or authorities that are subordinate to the parliament; local council

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18
Q

Government?

A

The parties (or coalition of parties) that hold a majority of seats in the lower house.

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19
Q

House of Representatives?

A

The lower house in the commonwealth parliament.

Green Room.

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20
Q

Legislation?

A

Laws made by parliament. Statues/Acts

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21
Q

Legislative Assembly?

A

The lower house in the victorian Parliament.

Green Room.

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22
Q

Legislative Council?

A

The upper house of the victorian Parliament

Red Room.

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23
Q

Legislative Process?

A

The process which is followed to make laws in parliament

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24
Q

Parliamentary Sovereignty?

A

The idea that parliament is the ultimate law-making body,. Can make change or repel (cancel) legislation and override common law

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25
Q

Royal Assent?

A

The final approval by the crown to an act or parliament

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26
Q

The senate?

A

The upper house of the commonwealth parliament

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27
Q

Statutes?

A

Laws made by parliament.Legislation/Acts

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28
Q

Westminster System?

A

the british parliament system

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29
Q

Bill?

A

Legislative document waiting to be passed through parliament. A proposed act without royal assent.

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30
Q

Accessory?

A

A person who is not present at the time of crime but assists [either before or after]

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31
Q

Accident?

A

an unexpected result of an act that was done with no intention of wrong doing

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32
Q

Actus Reus?

A

A guilty Act.

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33
Q

Assault?

A

Any action of violence towards another person

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34
Q

Automatism?

A

Where the actions were involuntary and beyond the control of the defendant.

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35
Q

What is the Federal Government responsible for?

A

• Medicare• Immigration and Customs• Employment and Workplace Relations• Australia Post• Family Support and Pensions• Centrelink• Funding to the States and Territories• Taxation - Income Tax, GST and Company Taxes• Control of Television and Radio• Imports and Exports• Air Safety• Passports• Defence• Broadband

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36
Q

What is the State Government responsible for?

A

• Schools• Railways• Car Registration• Fire Brigade• Wildlife Protection• Hospitals• Most Roads• Police• Ambulance• Prisons• Planning

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37
Q

What is the Local Government responsible for?

A

• Street Signs• Sports Grounds• Rubbish Collections• Building Permits• Collecting Rates• Traffic Control• Animal Control• Drains and Footpaths• Swimming Pools

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38
Q

How is Government formed?

A

The party with the most seats elected, becomes the government and is made up by the ministers of different areas, run the country together at a federal level

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39
Q

International Law?

A

a ‘treaty’ - an agreement between countries; doesn’t have the same sanctions and strict powers as the laws made within the country.

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40
Q

Legal Precedent?

A

Treating like cases the same; consistant punishment

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41
Q

what isdoli incapax?

A

When someone does not have the knowledge to know that what they are doing is a wrongful act. persons aged 10 to 14

42
Q

Statutory Interpretation?

A

when a judge clarifies or interprets the law written by parliament.

43
Q

Voir Dire?

A

a trial within a trial.

44
Q

Tendency Evidence?

A

introducing the idea that the accused may have a inclination to be angry/violent

45
Q

Duress?

A

acting under pressure.

46
Q

Parliamentary Counsel?

A

office that prepares drafted laws.

47
Q

Prime Minister?

A

Tony Abbott

48
Q

Opposition Leader?

A

Bill Shorten

49
Q

Governor General?

A

Peter Cosgrove

50
Q

Three powers of Government?

Responsible for?

A
  • Executive Powers - responsible for enacting and upholding the laws established by the legislature.
  • Legislative Powers - responsible for debating and voting
  • Judiciary Powers - legal arm which is independent of the other two - responsible for enforcing the law and deciding if the other two arms - Executive and Legislative - are acting within their powers.
51
Q

Mens Rea?

A

A guilty Mind

52
Q

Why do we have laws?

A

to maintain social cohesion.

to place responsibility on individuals - ensuring their actions do not hurt others.

53
Q

What are the Functions of law?

A
  • reflection of community values
  • To establish codes of conduct
  • To resolve disputes
  • To provide for change
54
Q

Examples of Criminal Law?

A

Crimes against:

  • a person
  • property
  • Community
  • Morality
  • legal system - perjury
  • the state
55
Q

Examples of Civil Law?

A

Actions Against:

  • contract law
  • Torts
  • Constitution
  • Family law
  • Industrial Law
  • Consumer Production Law
56
Q

What is Tort Law?

A
  • Negligence
  • Trespass
  • Nuisance
  • Defamation
57
Q

What is the Constitution?

What are the Constitutional Powers?

A

The Constitution is a set of guidelines and principles for how a particular state or country is governed.

  • Specific Powers
  • Exclusive Powers
  • Concurrent Powers
  • Residual Powers
58
Q

The Senate?

A
  • The Senate is the Upper House in Commonwealth Parliament (federal parliament)
    > designed to ensure all states and territories have equal representation
    > 76 Senators > 12 from each state and 2 from the mainland territories - Northern Territory and ACT-
    > elected for six years
59
Q

State Parliament?

A

Consists of two houses
> Legislative Assembly - Lower House - which has 88 members
> Legislative Council - Upper House - which has 40 members, and is designed to make sure that the interests of rural areas have equal representation > Elected for 4 years

60
Q

What does Parliament do?

A

> decide and control finances (taxes)
check the laws make by delegated bodies
provide a forum for discussion and debates of issues
investigate and report on issues relating to government functions

61
Q

responsible governmnet

A

crown acts on advice of its Ministers who are members of and responsible to parliamnet

62
Q

Representative Government

A

chosen by the people and members of parliament.

* They represent us.

63
Q

What is parliament?

A

Commonwealth and State levels of law making bodies

64
Q

DIVISION OF POWERS:Residual

A

left with states at the time of federation, include education, law enforcement, criminal law, health, public transport.

65
Q

DIVISION OF POWER: Specific/Exclusive

A

as per s.51&52 of constitution commonwealth can make laws regarding defence, trade, marriage, divorce and immigration.

66
Q

Arrest

A

legal apprehension

67
Q

bail

A

allowing an accused person to be released from custody between the date of being charged and trial

68
Q

Caution

A

a warning to suspects of their rights before the suspect is questioned

69
Q

Forensic Procedure

A

results will tend to or disprove the suspects involvement in the indictable offence

70
Q

police caution

A

warning for an offence not involving conviction or court appearance

71
Q

right to silence

A

no person can be compelled to testify against himself or to answer police questioning

72
Q

searches

A

police searches a person or property that can be searched without a warrant.

73
Q

summons

A

an order to appear before the court to defend ones charge

74
Q

warrant

A

court order that gives police permission to carry out their duties, such as making an arrest or searching property

75
Q

warrant

A

court order that gives police permission to carry out their duties, such as making an arrest or searching property

76
Q

Jaywalking

A

cross or walk in the street or road unlawfully or without regard for approaching traffic.

77
Q

remand

A

held in custody until the court date

78
Q

Willful Murder

A

is a unlawful killing with an intention to kill

79
Q

Bond

A

A court releases a person the conditions of a good behaviour

*Adjournment

80
Q

Community Corrections Order

A

a court order the provides a judge with greater flexibility to use a range of rehabilitation conditions and deferred sentencing options to allow offenders to take part in rehabilitation programs

81
Q

Denouncement

A

expression of disapproval

82
Q

deterrence

A

imposition of a sanction to discourage others from taking a similar action

83
Q

fine

A

monetary penalty

84
Q

imprisonment

A

a sentence requiring the offender to serve time in prison

85
Q

parole

A

early release of prisoner to serve the remainder of the sentence in the community

86
Q

protection

A

prevention of further harm

87
Q

punishment

A

penalty imposed for wrongdoing

88
Q

rehabilitation

A

improvement of behaviour

89
Q

restitution

A

court order for the return of stolen goods to the rightful owner

90
Q

retribution

A

an act done as revenge or to pay back the wrong committed

91
Q

sanction

A

penalty imposed by a court specifying a punishment for a crime

92
Q

Suspended Sentence

A

Term of imprisonment that can be suspended in whole or iin part

93
Q

VOCAT

A

Victims of Crime Assistance Tribunal - a body the makes awards of financial assistance to victims of acts of violence

94
Q

appeal

A

to ask a higher court to review the decision of a lower court

95
Q

barristers

A

lawyers who usually present a case in higher court

96
Q

Coroner

A

Magistrate who has the power to investigate reportable deaths and fires

97
Q

Heard Summarily

A

serious offences that may be heard in the magistrates court using a summary process

98
Q

Hierarchy

A

a ranking in order of importance eg: the courts

99
Q

Judge

A

adjudicator in higher courts

100
Q

Jurisdiction

A

The power of a court to hear and determine a case

101
Q

Magistrate

A

legal practitioner who adjudicates in the magistrates court.

102
Q

Solicitors

A

Lawyers involved in the administration and processing of legal matters.
May present in the magistrates court

Yr 11 -Sem 1 (4 decks)

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