legaldeck Flashcards
What is a summaryoffence?
Minor offence
What is an indictable offence?
Serious offence
What is ‘Rules’?
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
What is Civil Law?
Deals with disputes between individuals in our society
Criminal Law?
Law concerned with the rights of individuals and the welfare of society as a whole
Legal Rules(Laws)?
Laws created by institutions within the legal system, enforced by the law eg speed limit
non-legal rules (Rules)?
Rules established within a society, group not enforceable by the police eg: household rules
Norms?
Social expectations within groups
Social Cohesion?
Members of a community live together with peace, order and harmony.
What are the Characteristics of effective law? Name a few.
Known; easy to understand; Acceptable; Stable; Applied consistently; Enforced; Accessible
What is an Act?
Law passed by parliament. Legislation/Statutes
what is Bicameral?
a Parliament consisting of two houses.
What is the Constitution?
A document that sets out the structure and powers of parliament
What is Common Law?
Law developed by courts through precedent
Crown?
Authority of the Queen in Parliament and the legal system
Federation?
The joining of States or communities to form one government.
*states giving over powers to create a federation or nation.
Delegated Legislation?
the laws made by bodies or authorities that are subordinate to the parliament; local council
Government?
The parties (or coalition of parties) that hold a majority of seats in the lower house.
House of Representatives?
The lower house in the commonwealth parliament.
Green Room.
Legislation?
Laws made by parliament. Statues/Acts
Legislative Assembly?
The lower house in the victorian Parliament.
Green Room.
Legislative Council?
The upper house of the victorian Parliament
Red Room.
Legislative Process?
The process which is followed to make laws in parliament
Parliamentary Sovereignty?
The idea that parliament is the ultimate law-making body,. Can make change or repel (cancel) legislation and override common law
Royal Assent?
The final approval by the crown to an act or parliament
The senate?
The upper house of the commonwealth parliament
Statutes?
Laws made by parliament.Legislation/Acts
Westminster System?
the british parliament system
Bill?
Legislative document waiting to be passed through parliament. A proposed act without royal assent.
Accessory?
A person who is not present at the time of crime but assists [either before or after]
Accident?
an unexpected result of an act that was done with no intention of wrong doing
Actus Reus?
A guilty Act.
Assault?
Any action of violence towards another person
Automatism?
Where the actions were involuntary and beyond the control of the defendant.
What is the Federal Government responsible for?
• 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
What is the State Government responsible for?
• Schools• Railways• Car Registration• Fire Brigade• Wildlife Protection• Hospitals• Most Roads• Police• Ambulance• Prisons• Planning
What is the Local Government responsible for?
• Street Signs• Sports Grounds• Rubbish Collections• Building Permits• Collecting Rates• Traffic Control• Animal Control• Drains and Footpaths• Swimming Pools
How is Government formed?
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
International Law?
a ‘treaty’ - an agreement between countries; doesn’t have the same sanctions and strict powers as the laws made within the country.
Legal Precedent?
Treating like cases the same; consistant punishment
what isdoli incapax?
When someone does not have the knowledge to know that what they are doing is a wrongful act. persons aged 10 to 14
Statutory Interpretation?
when a judge clarifies or interprets the law written by parliament.
Voir Dire?
a trial within a trial.
Tendency Evidence?
introducing the idea that the accused may have a inclination to be angry/violent
Duress?
acting under pressure.
Parliamentary Counsel?
office that prepares drafted laws.
Prime Minister?
Tony Abbott
Opposition Leader?
Bill Shorten
Governor General?
Peter Cosgrove
Three powers of Government?
Responsible for?
- 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.
Mens Rea?
A guilty Mind
Why do we have laws?
to maintain social cohesion.
to place responsibility on individuals - ensuring their actions do not hurt others.
What are the Functions of law?
- reflection of community values
- To establish codes of conduct
- To resolve disputes
- To provide for change
Examples of Criminal Law?
Crimes against:
- a person
- property
- Community
- Morality
- legal system - perjury
- the state
Examples of Civil Law?
Actions Against:
- contract law
- Torts
- Constitution
- Family law
- Industrial Law
- Consumer Production Law
What is Tort Law?
- Negligence
- Trespass
- Nuisance
- Defamation
What is the Constitution?
What are the Constitutional Powers?
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
The Senate?
- 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
State Parliament?
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
What does Parliament do?
> 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
responsible governmnet
crown acts on advice of its Ministers who are members of and responsible to parliamnet
Representative Government
chosen by the people and members of parliament.
* They represent us.
What is parliament?
Commonwealth and State levels of law making bodies
DIVISION OF POWERS:Residual
left with states at the time of federation, include education, law enforcement, criminal law, health, public transport.
DIVISION OF POWER: Specific/Exclusive
as per s.51&52 of constitution commonwealth can make laws regarding defence, trade, marriage, divorce and immigration.
Arrest
legal apprehension
bail
allowing an accused person to be released from custody between the date of being charged and trial
Caution
a warning to suspects of their rights before the suspect is questioned
Forensic Procedure
results will tend to or disprove the suspects involvement in the indictable offence
police caution
warning for an offence not involving conviction or court appearance
right to silence
no person can be compelled to testify against himself or to answer police questioning
searches
police searches a person or property that can be searched without a warrant.
summons
an order to appear before the court to defend ones charge
warrant
court order that gives police permission to carry out their duties, such as making an arrest or searching property
warrant
court order that gives police permission to carry out their duties, such as making an arrest or searching property
Jaywalking
cross or walk in the street or road unlawfully or without regard for approaching traffic.
remand
held in custody until the court date
Willful Murder
is a unlawful killing with an intention to kill
Bond
A court releases a person the conditions of a good behaviour
*Adjournment
Community Corrections Order
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
Denouncement
expression of disapproval
deterrence
imposition of a sanction to discourage others from taking a similar action
fine
monetary penalty
imprisonment
a sentence requiring the offender to serve time in prison
parole
early release of prisoner to serve the remainder of the sentence in the community
protection
prevention of further harm
punishment
penalty imposed for wrongdoing
rehabilitation
improvement of behaviour
restitution
court order for the return of stolen goods to the rightful owner
retribution
an act done as revenge or to pay back the wrong committed
sanction
penalty imposed by a court specifying a punishment for a crime
Suspended Sentence
Term of imprisonment that can be suspended in whole or iin part
VOCAT
Victims of Crime Assistance Tribunal - a body the makes awards of financial assistance to victims of acts of violence
appeal
to ask a higher court to review the decision of a lower court
barristers
lawyers who usually present a case in higher court
Coroner
Magistrate who has the power to investigate reportable deaths and fires
Heard Summarily
serious offences that may be heard in the magistrates court using a summary process
Hierarchy
a ranking in order of importance eg: the courts
Judge
adjudicator in higher courts
Jurisdiction
The power of a court to hear and determine a case
Magistrate
legal practitioner who adjudicates in the magistrates court.
Solicitors
Lawyers involved in the administration and processing of legal matters.
May present in the magistrates court
