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Law & Politics > Revison > Flashcards

Revison Flashcards

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0
Q

Who makes and enforces civil laws?

A

Civil laws are made by parliament and are enforced by individuals to protect their rights and seek a remedy.

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1
Q

The effectiveness of law is determined by:

A 
Public awareness/ understanding & acceptance
Enforcemnt
Clarity
Consistency 
Changes & Stability
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2
Q

Who makes and enforces criminal laws?

A

Criminal laws are made by parliament and are enforced by the police and courts to punish the offender by way of a sanction in order to protect society.

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3
Q

House of Representatives:

A

The Lower House of Commonwealth Parliament. Made up of 150 members, each representing an electorate of around 80,000 voters.

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4
Q

The Senate:

A

The Upper House of Commonwealth Parliament. Made up of 76, with 12 senators elected from each state and two from each territory.

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5
Q

Legislation is initiated by:

A

Government departments (Dept of Health)
Public opinion – representative government
Party policies and political influences (left/right)
Pressure and lobby groups (AMA, Forest industries)
Investigative commissions (Royal Commissions)
Parliamentary committees
Law reform bodies (VLRC)
The courts (common law)

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6
Q

The parliament delegates powers to bodies that have the time, expertise and local or specialised knowledge necessary. These 4 bodies are:

A

The executive council
Statutory authorities
Local councils
Government departments

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7
Q

What is a crime?

A 
A crime is:
Harmful to society
Against the criminal law of the state
Punishable by the state
Against morality (it is wrong)
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8
Q

5 Principles of criminal liability:

A
  1. Presumption of innocence
    innocent until proven guilty
  2. The burden and standard of proof
    The burden of proof in criminal cases rests with the crown, whilst the standard of proof is beyond reasonable doubt.
  3. The elements of a crime
    Must satisfy actus reus (a wrongful act) and mens rea (a guilty mind) to be proven guilty of a crime.
  4. Age
    children below 10 are not liable for crimes, between 10-14 it must be proven that the child knew the difference between right and wrong.
  5. Participants in a crime
    A person who commits a crime does it in the first degree. A person who assists (plans – accessory to the fact or getaway – accessory after the fact) commits a crime in the second degree.
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9
Q

Classification of Crimes:

A

Crimes are classified according to:
The nature of the offence (against property, person, state or the legal system)
Legal procedure:
indictable offences (serious offences such as homicide, serious assaults, large theft), summary offences (minor offences)

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10
Q

Types of crimes:

A

Offences against the person:
Homicide (this includes lawful and unlawful homicide, murder, manslaughter, voluntary manslaughter, involuntary manslaughter and culpable driving)
The category that each crime falls under is largely due to mitigating circumstances and the level of malice aforethought (intention to harm).
Assaults – types include: common assault, sexual assaults (rape, indecent assault), seizing assaults (kidnapping, abduction)
Offences against property
Stealing offences (theft – which has 4 parts – dishonesty, appropriation, property belonging to someone else, intention to permanently deprive)
Burglary, robbery

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11
Q

Defences against crimes:

A

Self defence - Using reasonable force to repel force.
Necessity - Where a person causes harm to help others
Mental impairment – at the time of the crime the defendant must be shown to have a diseased mind where the defendant could no longer comprehend mens rea or actus reus.
Drunkenness and drugs – the above rules must apply for this to be successful, otherwise the defence may only reduce the crime.
Accident – an act beyond the personal control of the defendant
Automatism – an act where the defendant’s actions were not controlled by their mind (sleepwalking, epileptic fit)
Duress – commits a crime though threats of violence to oneself or their family.
Defensible Homicide – where an individual responds to history of physical and mental abuse by another individual.

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12
Q

Rights and responsibilities – individuals in police questioning:

A

Right to silence
Refuse to give body samples
Refuse to allow police to search his or her property

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13
Q

Police powers include:

A

Record an interview
Reconstruct the crime if the suspect agrees to participate
Take fingerprints of a person who is 15yo or over

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14
Q

The need for civil law:

A

Civil law is the enforcement of human rights by way of restoring parties to their original position. This is done by the plaintiff taking the defendant to court to seek a remedy, be it damages or otherwise.

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15
Q

What is a tort?

A

A tort is an infringement of a recognised legal right for which a person may take action for damages: a civil wrong.

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16
Q

There are 4 broad types of civil wrongs, they are:

A

Defamation
Negligence
Trespass
Nuisance

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17
Q

Public Nusiance-

A

An act or non-action that causes damage, discomfort or inconvenience to a class of the population. The event must also be unlawful

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18
Q

Private Nusiance-

A

An annoying or harmful activity that interferes with an individual’s enjoyment of their land causing damage, discomfort or inconvenience. The event must also be unlawful.

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19
Q

Public Nuisance examples:

A

Selling dodgy food, providing an unsafe workplace (not getting a fault fixed), knowingly polluting, a club that plays loud music too late.

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20
Q

Private nuisance examples:

A

Building an extension overlooking your yard, obstructing footpath/driveway, burning off regularly, knocking down your fence.

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21
Q

What is defamation?

A

Defamation is the damage of the good name and reputation of someone else in the form of libel and/or slander.

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22
Q

Libel-

A

a permanent form of defamation (written, painted etc).

23
Q

Slander-

A

defamation in a temporary form (speech or gesture).

24
Q

What is negligence?

A

Where a duty of care has been breached and damage has resulted.

25
Q

Duty of Care-

A

A duty of care is the responsibility to another person to ensure they are not injured by his or her act or failure to act.

26
Q

The three types of trespass are:

A

Trespass to the person
Trespass to the land
Trespass to goods

27
Q

Example of trespass to land:

A

entering, remaining, placing goods on the land.

28
Q

Example of trespass to the person:

A

-Battery, Assault, false imprisonment

29
Q

Example of trespass to goods:

A
  • theft, damage, meddling with goods
30
Q

To bring a successful action you must consider (civil case):

A

a) What are the essential elements of the tort?
b) Were these elements present in the facts of the case?
c) Are there any general defences that apply to the case?

31
Q

The 4 general defences to torts are:

A

Consent- A person assumes a risk knowingly, therefore discharging liability.
Statutory Authority- Law made by Parliament that allows a tort to be breached.
Necessity- Allows someone to harm another to prevent greater harm.
Self-Defence- Allows someone to protect themselves from attack.

32
Q

What is politics?

A

Politics consists of “social relations involving authority or power” and to the methods and tactics used to formulate and apply policy.

33
Q

Power:

A

Power is an inherent quality, where one entity has influence /control over another entity to alter that entities actions/opinions.

34
Q

Authority:

A

Authority is the official power given to an entity to do something, the legal right to do something.

35
Q

Contract theory is:

A

Contract theory is where the government is allowed to restrict freedom to maintain order. This is balanced by representative democracy

36
Q

Legitimacy:

A

Legitimacy is where your position and power is unquestioned and that your actions are needed and felt.

37
Q

Define the state:

A

The agency within society that can use force to achieve objectives.

38
Q

Define the nation:

A

A group of people who hold common things such as, geographical location, culture, language, religion and economic interest.

39
Q

Nation State-

A

a nation state is group of people who share a similar identity, language, culture or history and live within a specific territory governed by a state. Nation-states are recognised by other states as having sovereign control over their citizens and territory.

40
Q

Citizen is:

A

Citizen – a citizen is a free individual who posses civil liberties granted by a state and is a often residen

41
Q

Subject-

A

is an individual bound to the command of a superior – a pre-colonial notion.

42
Q

A democracy is:

A

Democracy, ‘by rule of the people’, a theory or system of government by the people or by the elected representatives of the people.

43
Q

A liberal democracy is:

A

A liberal democracy is a democracy that values the freedom and rights of its citizens and free enterprise.

44
Q

Define communism:

A

Communism is the theory of which all production means, are owned and shared as an individual, as a whole (society). An example of where communism existed was the USSR. This theory did not end up working in the long run, though became like a dictatorship.

45
Q

Define Socialism-

A

A co-operative society which shares resources and is based on Marxist theory and a social democracy.

46
Q

Define Fascism-

A

Fascism is a form of extreme right-wing ideology that celebrates the nation or the race as an organic community transcending all other loyalties.

47
Q

Define Liberalism:

A

Belief in the value of social and political change in order to achieve progress.

48
Q

Define conservatism:

A

belief in the value of established and traditional practices in politics and society.
OR
dislike of change or new ideas in a particular area.

49
Q

Define Capitalism:

A

Capitalism is the belief in an economic system based on private ownership of money and property to create profits, and where distribution of resources is based on the free market.

50
Q

Define Anarchism:

A

Anarchism – a belief that there be no government or state and that natural law governs the land: eg French revolution

51
Q

Three forms of leadership include:

A

Charismatic, Traditional authority, Legal-rational authority

52
Q

Charismatic leader is? Example…

A

A charismatic leader may have an innate, natural personality that enables them to influence other people. Eg- Obama

53
Q

A legal-rational leader is? Example…

A

Relies on laws and process of government for authority. Elections and legislating are their major tools to lead. They are often viewed as business-like or bureaucratic.
Eg- Gillard

54
Q

A traditional leader is? Example…

A

Appeals to customs of the past and conservative nature in order to rule.cTraditional leader acts like a ‘father figure’ who knows best and expects loyalty from his subjects.
Eg- Abbott

55
Q

Political Spectrum left to right-

A

Anarchism, Communism, Fundamentalism, Socialism, liberalsim, capitalism, conservatism, fascism.

Law & Politics (1 decks)

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