Our legal System: Test Questions Flashcards
Prosecute
to take legal actions against another person
Homicide
the killing of one person by another person
Remand
when the accused person is held is custody until their trial
Bail
payment by the accused as a guarantee that thy will appear in court at a later date, in order for them to leave remand.
committal hearing
hearing in the magistrates’ court to decide wether there is enough evidence to send a person to trial on an indictable offence
what is the difference between common and statute law?
common law; law created by judges/courts, but cannot contradict laws from parliament
statute law: laws/acts/statutes created by parliament.
what is a torte
wrongful acts committed against an individual.
example; negligence, defamation, trespassing, breaking contracts, nuisance.
list 3 torts and give an example of each
1) Defamation: spreading false rumours about a person, ruining their reputation which causes mental harm.
2) nuisance: playing loud music at night, disturbing the neighbours
3) negligence: snail in the bottle case.
How does the doctrine of precedent operate and what does it ain to do?
Precedent: is the process of referring to past cases where a judge has made a decision on a similar case.
- decision made in a higher court, in the same hierarchy are binding and must be followed by lower courts in cases involving similar circumstances. It creates a degree of consistency in court decisions.
Victorian court hierarchy
High Court: No Jury
Supreme Court: Federal and Family are in the same level
County Court: Koori, children and coroner court in the same level
Magistrates court: No Jury
what are the facts of the case, and the outcome of Donoghue v Stevenson case in 1932?
- The Snail in the Bottle case.
- What Happened: Donoghue was drinking an opaque bottle of beer and discovered a decomposed snail. She soon took ill (which affected her income and required hefty medical bills).
- she lodged a case against Stevenson the producer (civil case).
OUTCOME: Stevenson was sued for negligence, of duty of care and paid Donoghue compensation. - Also known as the neighbours principal
What is the difference between a defendant and a plaintiff?
- a PLAINTIFF is someone who commences a legal action whereas
- a DEFENDANT is a party in a civil or criminal case against whom a legal action has been brought against
What is the difference between sentences and damages?
SENTENCE: is imposed when a criminal act has occurred and the defendant has been found guilty
DAMAGES is the outcome of a civil case where the defendant committed civil wrongs to the plaintiff and needs to pay compensation.
what are 5 key duties of the police
1) Protect life and property
2) preserve the peace
3) prevent offences
4) help those in need of assistance
5) detect and apprehend offenders
What is the difference between an indictable and summary offences and which courts are they heard in?
SUMMARY OFFENCES: petty crimes, crimes that or not serious and is heard in the Magistrates court
INDICTABLE OFFENCES: extremely serious offence such as homicide, rape, child abuse, robbery and is heard in the county or supreme court.
