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SAM > Long arm of the Law > Flashcards

Long arm of the Law Flashcards

excel in exam

1
Q

Rules V Laws

A

Laws: Binding on or followed by everyone in the community - enforced by the state through the government officials, police and courts.

Rules - these determine what behaviour is unacceptable in particular groups or institutions. Such as schools, sports clubs.

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2
Q

Criminal Law

A

Cases in which a person has commited an offence against the wellbeing of the community. You will be found GUILTY or NOT GUILTY which will result in a fine or prison.

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3
Q

Examples of CRIMINAL law

A

Offences against: The state (terrorism), a person (murder or assault), property (theft or damage) or public order (traffic offenses or tagging)

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4
Q

Standard of Proof (CRIMINAL)

A

Beyond reasonable doubt - prosecution must prove to the jury that there is no other reasonable explanation of anything other then the crime commited.

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5
Q

Burden of Proof (who must show they are correct) (CRIMINAL)

A

The prosecution must prove the defence is guilty

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6
Q

Indictable Offenses

A

Indictable offenses are serious offenses that are heard in front of a judge and jury Eg, rape, murder etc.

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7
Q

Summary offenses

A

Less serious criminal offenses that are heard in the lowest level of court - the Magistrates Court. Eg, speeding

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8
Q

Cival Law

A

Cases where there is a dispute between private individuals. The defendant will be found liable or not liable, resulting in payment of damages - money paid.

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9
Q

Examples of CIVIL Law

A

Defamation (protecting your reputation), Negligence (protecting yourself), Tresspasing (protecting your property).

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10
Q

Standard of Proof (CIVIL)

A

On the balance of probability - reasonable satisfaction to the court that one case has more integrity then the other.

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11
Q

Burden of Proof (who must show they are correct) (CIVIL)

A

The plaintiff (the injured party) must prove that the defendant (the wrongdoer) is guilt

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12
Q

JURY (criminal v civil)

A

Criminal cases have 12 jurors who find the defendant guilty or not guilty

Civil cases have a jury of 6 if one party requests it - whoever requests it must pay for it.

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13
Q

Victorian Court Heirachy (least important to most important

A

Magistrates court, County court, Supreme Court

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14
Q

Magistrates court

A
  • Presided over by a Magistrate
  • Only hears summary criminal offenses
  • Hears civil cases that reward up to
    100,000 dollars in damages
  • NO JURY and no appeals
  • Two other brances - Coroners and
    Childrens court
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15
Q

County Court

A
  • Hears indictable offenses
  • Hears civil cases that reward over
    100,000 dollars in damages
  • Hears criminal appeals from the
    Magistrates court
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16
Q

Supreme Cour

A
  • Hears indictable offenses
  • Hears civil cases where the plaintiff is
    seeking large amounts of money
    (millions)
  • Hears appeals from both County and
    Magistrates
17
Q

JURISDICTION

A

The power of the court to hear cases - ie Supreme court hears most serious cases and magistrates hears the least serious

18
Q

Difference in jurisdiction for Criminal cases between all courts

A

Supreme Court - Most serious indictable offences (murder, manslaughter)

County Court - Serious indictable offences (rape, armed robbery)

Magistrates Court - Minor (summary) offences (speeding, drink driving, theft). Committal hearings

19
Q

Difference in jurisdiction for Criminal cases between all courts

A

Supreme Court - Most serious (unlimited amounts of damages)

County Court -Most serious (unlimited amounts of damages)

Magistrates Court - Up to maximum of $100,000 in damages being sought by the plaintiff.

20
Q

Appeals (a request to a higher court to review a decision made by a lower court)

A

Supreme court - Hears appeals from County and Magistrate Court

County Court - Hears criminal appeals from Magistrates court

21
Q

FEDERAL COURTS

A

High court is the highest court in Australia

There is also Federal court and Family court

22
Q

Why is having a court hierarchy good

A

Appeals - Can appeal to a higher court which provides fairness

Precedent - higher courts make decisions that are binding on lower courts

Specialisation - courts are ranked in importance of the cases they hear

23
Q

Coroners Court

A

Investigates unexpected or suspicious deaths, including all deaths from fires and drownings.

Tries to identify cause of death - can recommend that people get charged (eg. for murders) but does not lay charges.

Presided over by a coroner

24
Q

Children’s Court

A

Presided over by a Magistrate and is always closed to the public

Criminal Division - where defendant is 10-18 years old when the crime was committed and under 19 when the trial occurs

Family Division - cases for children 0 - 17 years of age who are in need of care and protection

25
Q

Closed Court

A

One where the judge does not allow members of the public to attend; can be closed for all or just parts of the case - eg if it involves children or sexual assault

26
Q

Bail v Remand

A

Bail is the release of an accused person back into society while awaiting trial.

Remand is holding a person in custody while awaiting trial.

27
Q

Criminal Responsibility

A

Children under 10 cannot be held responsible for committing a crime

For children aged 10 - 14, they are presumed to not understand the consequences of their actions - it is up to the prosecution or police to prove they knew what they were doing was wrong

From age 15 and up, young people can be punished

28
Q

What are the 2 different laws that can be made

A

Statute and Common Law

29
Q

Statute Law

A

Law made by Parliament Eg) Speed limit

30
Q

Common Law

A

Laws that come from decisions made by judges. Eg) Too many kids are falling into pools and drowning - a judge decides it is compulsory for all pools to have fences around them and it becomes a law

31
Q

Role of the jury in criminal cases

A

To come to a unanimous decison (12/12) or in less serious cases a majority verdict (11/12), on if the defendant is guilty BEYOND REASONABLE DOUBT

32
Q

Role of the jury in civil cases

A

IF a jury is requested by a party then the 6 must come to a conclusion on who is liable on the balance of probability. If the jury cannot reach a unanimous verdict then a majority verdict is accepted.

33
Q

Why is a Jury good and bad

A

GOOD:
- Takes the burden off one decision
maker for important cases
- Gives the community confidence they’re
being ‘tried by their peers’

BAD:
- Takes up more time and money
- Regular people might not be able to
follow along with all the legal language
and rules

34
Q

Why may a person not be able to be on a jury.

A

Ineligible - Are or were employed in the legal industry in the last 10 years, are intellectually or physically handicapped,
cannot speak and/or understand English

Disqualifed - because of how they acted in the past are not wanted on a jury. Eg) jail etc

Excused - can be excused for poor health, too far away, would cause financial hardship, old age etc

35
Q

Judge v Magistrate

A

Judge - person in charge of county or supreme court

Magistrate - Person in charge of the Magistrates court

36
Q

Prosecution v Barrister

A

Prosecution represents the State, tries to prove that the defendant is guilty

Barrister represents the defendant/accused

SAM (4 decks)

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