Nature of Law and Key Concepts

Question 1

levels of court systems

Answer 1

magistrates court
high court
courts of appeal
supreme court

Question 2

standard of proof

Answer 2

‘beyond all reasonable doubt’ - jury must have no doubt that D committed the crime based on facts/ evidence given in court.

Question 3

burden of proof

Answer 3

prosecution must convince the jury that the crime was done ‘beyond all reasonable doubt’

Question 4

prosecution definition

Answer 4

in criminal trial, on behalf of the Crown or the State, prosecution attempt to prove the guilt of the accused.

Question 5

defendant definition

Answer 5

In criminal trial, defendant is the accused. their representatives try raise doubt ab the guilt of the accused.

Question 6

claimant definition

Answer 6

In civil trial, claimant is the party or person who brings the claim.

Question 7

respondent definition

Answer 7

In civil trial, respondent responds to the claim against them eg. in areas like negligence.

Question 8

two topics: procedural law and substantive law definitions

Answer 8

procedural law- rules in law the govern how the courts and the law works in general eg. how laws are made.

substantive law- the rights and duties we have in law, the substance (Acts and case law), grouped into areas eg. criminal law, tort law, contract law, human rights.

Question 9

legal personnel definition

Answer 9

those with legal training who are paid eg. Barristers, Solicitors, Legal Executives, Judges

Question 10

lay personnel definition

Answer 10

those without legal training who are not paid. Magistrates are volunteers. eg. magistrates, juries.

Question 11

crime definition

Answer 11

conduct that:
Is forbidden by the state
Has a punishment