Part 2 Flashcards
(25 cards)
What are the 2 main types of law?
Criminal and civil
What does criminal law deal with?
Offences against society
What does civil law deal with?
Disputes between individuals and organisations
What will a person who has broken a criminal law have?
A criminal record, which can affect a person’s ability to gain employment or housing
What must occur for laws to be effective?
They must be consistent, acceptable to the community and communicated to people in society
Whom does the burden of proof within a criminal trial rest with?
The prosecutor
What is the main aim of a sanction?
To protect the community
What are some examples of assault?
Threatening to hurt someone, kicking someone or throwing liquid onto someone
In a murder case heard in the Supreme Court, whom is a verdict handed down by?
The jury, consisting of 12 members
What is an example of special damages?
Suing for the cost of medical bills
How can you be disqualified from a serving jury?
If it can be proven that you have previously been convicted of an indictable offence
What is slander an example of?
Spoken defamation
What is the difference between breaking rules and breaking laws?
Breaking the law involves criminal law and sanctions issued by the judge, which are harsher punishments than breaking rules, whereby the organisation will punish you accordingly
What do economic values deal with?
Marketplace, employment and protecting buyers/sellers
What do political values deal with?
Right to vote and forming/running of a political party
How has the development of technology required laws to change?
Until the internet was introduced into society, there was no need for laws such as copyright and piracy
How could a 12 year old be charged with murder?
If it can be proven that he knew exactly what he was doing would result in the death of the victim
What are indictable crimes?
Serious offences such as murder and rape
What are summary crimes?
Less serious offences such as drink-driving and theft
What is involuntary manslaughter?
When the accused caused death by pure accident, with no intention of causing harm
What is dismissal?
A judgement made without trial
What does a community based order consist of?
Unpaid service for the benefit of society
Wha is a suspended sentence?
A prison sentence that will only take effect if the accused commits another crime
What does a judge act as?
A referee who listens to the case and determines the sanction
