PPP114 - Law

Question 1

Who makes the laws?

Answer 1

• Common Law and precedent
• State and Federal Parliament
• Local Councils and Statutory bodies
• Private Organisations

Question 2

Statute Law

Answer 2

Law made by Parliament, started in 1215

Question 3

Common Law

Answer 3

Law made by the judges of precedent unwritten law started in 1066

Question 4

First Police Murder

Answer 4

Joseph Luker in 1803

Question 5

First two Australian Police in 1789

Answer 5

• The Convict Night Watch

- Row Boat Gaurd

Question 6

How Statute Law can impact on Common Law

Answer 6

• Declares
• Overrides
• Supplements
• Remedies/Fixes

Question 7

Civil Law

Answer 7

Individual Disputes such as compensation, contracts, divorces and land disputes

Question 8

Criminal Law

Answer 8

Offence against the state such as assault or speeding fines.

Question 9

Deviance

Answer 9

Non-conformity to a given norm, or sets of norms, which are accepted by a significant number of people.

Question 10

The year in which the NSW police was formed

Answer 10

1862

Question 11

The Criminal justice compromises of what 4 arms?

Answer 11

• The Makers
• The Law Enforcers
• Adjudicators
• Corrections

Question 12

The Legislature

Answer 12

Makes the laws

Question 13

The Executive

Answer 13

Enforces the law

Question 14

The Judiciary

Answer 14

Applies the law

Question 15

Aims of Law Makers

Answer 15

• Set standards of behaviour
• Communicate standards to the population
• Distinguish the seriousness of offences
• Provide powers to other arms of CJS
• Clarify ambiguities

Question 16

Aims of Law Enforcers

Answer 16

• Prevention of crime
• Detection of offenders
• Bringing offenders to justice
• Protection of the public
• Maintain public peace
• Protect the rights of the individuals
• Educate the public.

Question 17

The Statement of Values

Answer 17

Ensures NSW police officer maintain an equal level of impartiality and empathy when conducting their duties.

Question 18

Aims of Adjudicators

Answer 18

• Handle and process cases efficiently.
• Examine the facts presented.
• Find the relevant law.
• Make decisions and pass judgements.
• Impose appropriate sanctions.
• Decide on bail, remand and mode of trial.

Question 19

The roles of the following:

• Judge
• Magistrate
• Prosecutor
• Defence Counsel

Answer 19

• Judge runs the show and guide on questions of law and rules of evidence. All courts except local.
• Magistrate is in charge of the local court and oversees those proceedings.
• Prosecutor runs the show for the police. Proves the truth. Presents the case to prove the offence.
• Defence defends the accused person.

Question 20

Jurisdiction of local court

Answer 20

Summary offences. Usually a fine or gaol sentence not exceeding two years.

Question 21

Jurisdiction of Children’s court

Answer 21

Same offences as local court just for the accused under 18.

Question 22

Jurisdiction of Coroner’s Court

Answer 22

Deaths and fires

Question 23

Jurisdiction of District Court

Answer 23

Indictable offences. (Right to trial). Appeals from the local court.

Question 24

Jurisdiction of Supreme Court

Answer 24

Usually most serious criminal offences.

Question 25

Accusatory System

Answer 25

Two sided contest between prosecution and defendant. Rules surrounding the evidence. The parties are in an equal position with an impartial moderator, a judge. Australia, England and U.S use this system.

Question 26

Inquisitorial System

Answer 26

The judge is both the judge and the prosecutor. The collection of evidence is in control of the judge and he initiates the investigation and collects all the evidence. No rules on how to obtain evidence. France, Italy and most European countries use this system. Coroners court.

Question 27

Committal Hearing

Answer 27

Decision by a magistrate as to whether the prosecution evidence is capable of satisfying a jury, properly instructed beyond reasonable doubt that it is an indictable offence.

Question 28

Prima Facie

Answer 28

There is a case to answer for.

Question 29

Statute of Limitations

Answer 29

Period of time you have to initiate proceedings against a person. Summary offences is 6 months while indictable there is no time period.

Question 30

Evidence in Chief

Answer 30

when witness first gives all their evidence and its lead by the prosecutor

Question 31

Cross examination

Answer 31

Defence tries to discredit/scrutinise the prosecutors evidence.

Question 32

Re-Examination

Answer 32

Opportunity for the prosecutor to clarify anything that the defence solicitor discredited.

Question 33

Sentencing Theories

Answer 33

- Retribution - Justice - Deterrence - Deter further offending by the offender or community - Rehabilitation - Change the person by trying to fix them and bring them back into the community. - Protection - Protecting the community as they are a threat to the community.

Question 34

The stages of the | passage of a ‘Bill’ as it goes through parliament

Answer 34

1. Initiation of the law 2. Drafting 3. Cabinet consultation 4. First reading: no debate 5. Second reading: Debate general principles 6. Committee change: Considered in detail, changes made and voted on 7. Third reading: changed bill presented for vote if accepted goes to voice or house dividing. 8. Upper house: Do the same allover again, if accepted goes… 9. To Governor or GOV. 10. Gazetting /Published

Question 35

Criminal matters standard of proof?

Answer 35

Beyond reasonable doubt

Question 36

Criminal liability

Answer 36

Being held responsible for criminal actions/inaction.

Question 37

Strict Liability

Answer 37

Less emphasis on proving the mens rea. Prove actus reus. E.g. speeding

Question 38

Mens Rea

Answer 38

The guilty mind, intent and mental component.

Question 39

Actus Reus

Answer 39

The physical component, physical action/inaction.

Question 40

Temporal coincidence

Answer 40

When both actus reus and mens rea happen at the same time.

Question 41

The four types of sections in the "Act of Parliament

Answer 41

- Powers - Offences - Definition - Procedural

Question 42

Doctrine of Doli Inpax

Answer 42

Rebuttable presumption that a child between the age of 10-14 cannot form the mans rea to being criminal liable for an offence.