long arm of the law Flashcards
1
Q
legal rules (LAWS)
A
- these permit, modify, or prohibit the activities of all people in the community
2
Q
non- legal rules (RULES)
A
- these determine what behaviour is unacceptable in particular groups or institutions
3
Q
difference between laws and rules
A
- who has to follow them
- how they are enforced
4
Q
rules
A
- only binding on or followed by those who made them and/or voluntarily submitted to them (joined the club, attended that school), they are enforced by the organisation who made them
5
Q
laws
A
- binding on or followed by everyone in the community
- enforced by the state, through government officials, police, & courts
6
Q
criminal laws
A
- concerned with cases in which a person has committed an offence against the well being of the community
7
Q
criminal law offences
A
- the state, such as terrorism or sabotage
- a person, such as murder or assault
- property, such as theft or damage
- public order, such as traffic offences, tagging or abusive language
8
Q
summary offences
A
- less serious criminal offences
- usually heard in the Magistrates Court
- such as speeding, littering
9
Q
mens rea
A
- that the accused acted with a guilty mind or intention
9
Q
indictable offences
A
- serious criminal offences that are heard before a judge & jury in the County or Supreme Court
- such as armed robbery, culpable driving, rape & homicide
10
Q
actus reus
A
- that the acted committed the guilty act
11
Q
children under 10
A
- cannot be held responsible for committing a crime- it is believed they do not know the difference between right and wrong
12
Q
children aged 10-14
A
- they are presumed to not understand the consequences of their actions- up to the prosecution or police to prove they knew what they were doing was wrong
13
Q
ages 15 and up
A
- young people can be punished- sanctions, court might be different to adults
14
Q
civil law
A
- cases in which there is a dispute between private individuals
15
Q
examples of civil laws
A
- defamation; protect your reputation
- negligence; protect yourself
- trespass; protect your property
16
Q
plaintiff
A
- has had the wrong done to them
17
Q
how many jurors can criminal law cases have?
A
- 12 jurors
18
Q
supreme court
A
- hears indictable criminal offences (murder, manslaughter, terroism)
- has a jury of 12 all criminal trials
- hears civil cases where the plaintiff is seeking large amounts of money (damages)
19
Q
county court
A
- hears indictable criminal offences (assault, drug trafficking, sex offences, dangerous driving)
- hears civil cases where the plaintiff is seeking large amounts of money (over $100,00)
20
Q
magistrates court
A
- over 50 magistrates court in victoria, dealing with 90% of cases
- hears summary criminal offences (drunk & disorderly, common assault, driving offences)
- hears civil cases where the plaintiff is seeking damages up to $100,000
- never has a jury and never hears appeals
21
Q
what are damages?
A
- money for the injury/harm they have suffered
22
Q
precedent
A
- higher court makes decision that is binding on the lower courts in the same hierarchy
23
Q
rights of appeal
A
- can appeal to higher court, provides fairness and allows for mistakes to be corrected
24
Q
appeals
A
- is a request to a higher court to review a decision made by a lower court
- the highest court of appeal in Australia is the high court in Canberra
25
Q
why doesnt the magistrates court hear appeals
A
- because there is no court lower than the magistrates court
26
Q
is there a risk to appealing
A
- yes because more time can be added
27
Q
special magistrates court
A
- childrens court
- coroners court
28
Q
childrens court
A
- purpose is rehabilitation, not punishment
- always closed to public
- split into criminal and family divisions
29
Q
criminal division
A
- where defendant is 10-18 years old when the crime was committed and under 19 when trial occurs
30
Q
family division
A
- cases for children 0-17 years of age who are in need of care & protection as the child is at risk through: being ill treated or abused, being abandoned, having no one to look after them
31
Q
committal hearing
A
- heard in magistrates court, magistrates has to decide weather the accused for a serious crime should be sent to stand trial in county or supreme court, magistrates decide if there is enough evidence for a trial in higher court
32
Q
bail
A
- is the release of an accused person back into society while awaiting trial
33
Q
remand
A
- to hold a person in custody while awaiting trial
34
Q
how are laws made
A
- they are made by either the parliament or common law
35
Q
parliament
A
- democratically elected and representative bodies that make laws in the form of acts or statutes. Statutes law is made by parliament
36
Q
common law
A
- laws that come from decisions made by judges in court
37
Q
the jury
A
38
Q
whos on the jury
A
- made up of the general public, randomly selected from electoral roll, must be australian citizen & over 18.
- need to say if they know the accused
39
Q
criminal jury
A
- each jury consists of 12 jurors
40
Q
criminal jury verdict
A
- if the jury cannot decide on a verdict a hung jury might be declared in which case the jury is discharged and a new trial may be ordered
41
Q
civil jury
A
42
Q
A
