Public Law

Question 1

public laws are…

Answer 1

→ laws based on societal norms
→ set the general standards of behaviour expected by a society
→ between the individual and society

Question 2

public laws include…

Answer 2

→ criminal law
→ administrative law
→ constitutional law

Question 3

crime and criminal law

Answer 3

• crime can be defined as any act or omission of duty resulting in harm to society that is punishable by the state
• created by moral and ethical judgements placed on a persons behaviour by society
• all of society is the victim, not just the person who has had wrong done to them

Question 4

symbolism in criminal cases

Answer 4

The R is reference to the monarch (regina-queen or rex-king) and the Blaue is the accused

Question 5

indictable offences

Answer 5

• Indictable offences are those that society considers being very serious such as murder or sexual assault
  → more steps in the legal process
  → trial with a judge and jury will occur
  → brought on a charge called an indictment
  → the penalty for an indictable offence can be life in prison

Question 6

summary offences

Answer 6

• Summary offences are less serious offences
  → these cases are heard by a magistrate in a local court without a jury
  → brought on a charge called a summons and carry penalties of no greater than two years prison

Question 7

offences against the person

Answer 7

→ crimes against the person are acts or omissions which harm other people
→ they include murder, assault and sexual assault

Question 8

offences against a sovereign

Answer 8

→ these are acts or omissions which aim to disrupt or harm the governing bodies of a country
→ they include spying, treason and sedition

Question 9

three economic offences

Answer 9

→ crimes against property: acts or omissions that damage or remove other people’s property e.g. larceny and theft and break and enter
→ white-collar crimes: crimes against property carried out by people working in the business world who commit crimes related to money e.g. embezzlement and tax evasion
→ computer crimes: crimes that are committed using computers and internet technology e.g. identity theft

Question 10

drug offences

Answer 10

→ include possession of illegal drugs, trafficking, cultivation, manufacture and importation of illegal drugs

Question 11

driving offences

Answer 11

→ most driving offences are summary offences such as speeding or not wearing a seatbelt
→ driving offences may be more serious e.g. negligent driving and reckless driving

Question 12

public order offences

Answer 12

→ acts that occur in a public place and are seen as offensive or disruptive to the general population
→ examples include offensive conduct and indecent exposure

Question 13

preliminary crimes

Answer 13

→ to commit a preliminary crime is to try to commit an act or omission or plan to do so
→ the two main types of preliminary crimes are conspiracy and attempt

Question 14

administrative law

Answer 14

• relate to the operation of the government and it’s various departments
• executive body has the job of applying the power granted to them by the Parliament and use the law to make administrative decisions
• is in action when a minister of a specific department makes those administrative decisions

Question 15

constitutional law

Answer 15

The Australian Constitution deals mostly with
→ division of power between Federal and State governments
→ separation of power between the Parliament (legislative arm) and the High Court (judicial arm) and the Commonwealth Executive Council (executive arm)
- The High Court deals with all matters relating to the constitution