Nature of Law and Key Concepts Flashcards

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1
Q

levels of court systems

A

magistrates court
high court
courts of appeal
supreme court

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2
Q

standard of proof

A

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

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3
Q

burden of proof

A

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

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4
Q

prosecution definition

A

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

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5
Q

defendant definition

A

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

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6
Q

claimant definition

A

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

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7
Q

respondent definition

A

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

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8
Q

two topics: procedural law and substantive law definitions

A

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.

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9
Q

legal personnel definition

A

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

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10
Q

lay personnel definition

A

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

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11
Q

crime definition

A

conduct that:
Is forbidden by the state
Has a punishment

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