Not U3 AOS1 but may be used later

Question 1

What is the role of the courts (4 things)

Answer 1

1. Uphold social cohesion
2. Judges and Magistrates interpret and apply relevant law to cases
3. When no law applies to a cause, courts create common law, which will be followed in all courts lower than it
4. Each court has its own justidiction and are plaed in hierachy

Question 2

Role of Parliament (5 things)

Answer 2

1. Democratically elected
2. Commonwealth Government (Canberra) creates law for all citizens (state parliaments create laws for their state)
3. Bicameral Parliament
4. Create statute law
5. Proposed laws must get through both levels of Parliament and Govenor (state) or Govenor-General (federal)

Question 3

What is the relationship between the parliament and the court (4 things)

Answer 3

1. Parliamentory Supremacy -> can override courts
2. Functions of court are established by parliament
3. The high court is established in Ch. 3 of consitution
4. All other courts were created by Parliament

Question 4

Define Statutory Interpretation

Answer 4

Judges can give specifici meaning to laws when they don’t perfeclty apply to case, however they must still uphold the intention of the Parliament

Question 5

Define Codification

Answer 5

Parliament ecorporates and confirms common law

Question 6

Define and give examples of Judicial Influence and name the latin term for it

Answer 6

Judges passing down comments when handing final judgement, because they want something to change (e.g. abrogation of common law, or naming a confusing legal principle)
This is called Obiter Dictum

Question 7

Define Abrogation

Answer 7

Parliament overriding common law

Question 8

Define Actus reus

Answer 8

It must be proven that the accused physically acted, or failed to act, in a manner that resulted in a crime being committed

Question 9

What are the elements of a crime (English and Latin term)

Answer 9

Guilty Act (Actus reus) + Guilty mind (Mens rea) = Crime

Question 10

Define Mens rea

Answer 10

It must be proven that the accused either had the intention of committing a crime or were, at least, in a reckless or negligent state of mind when completing the crime

Question 11

What is strict liability

Answer 11

Strict liability offences don’t require the mens rea (guilty mind) element of a crime to find the accused guilty

Question 12

What is the age of criminal responsibility in Australia

Answer 12

The age a child is deemed, by the law, to have the ability to comprehend right from wrong
In Australia , this age is 10 years old for Commonwealth offences

Question 13

Children 10 years or younger are (insert latin term here, and define it)

Answer 13

Doli incapax
Cannot be arrested, charged, or found guilty of a criminal offence, as they are incaple of possessing criminal intent (therefore mens rea cannot be satisfied)

Question 14

What are 6 types of crimes

Answer 14

1. Crimes against person
2. Crime against property
3. Cybercrime
4. Hate crime - stems from prejudice
5. Organised crime - premeditated criminal activity carried out by an organized group
6. White-collar crime - non-violent, financially motived crimes

Question 15

What is the role of the police

Answer 15

Prevention - patrols, education of society to deter crimes, etc.
Investigation - identify and collect evidence of potential wrongdoing, interview witnesses, etc.
Prosecution - charge individuals who broke the law

Question 16

What are the features of civil law (4 things)

Answer 16

Parties -> plaintiff, defendant
Burden of proof -> on plaintiff
Standard of proof -> balance of probabilities
Remedies -> often financial compensation

Question 17

Define civil law

Answer 17

Laws that prtect individuals and businesses when their rights have been breached

Question 18

Define the Balance of Probabilities

Answer 18

The standard of proof in civial cases, where the plaintiff establishes their version of the facts is more likely to be correct

Question 19

Define Ratio Decidendi

Answer 19

A judge’s reason for a decision on a case, which establishes a new legal prcedent

Question 20

Define the Doctrine of Precident

Answer 20

Judges must follow the reasons for decisions given by superior courts when deciding a case (either Obiter Dictum or Ratio Decidendi - a new legal precident)