Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Politics And Law- year 11 > Short Answer T3 > Flashcards

Short Answer T3 Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

What is the adversarial system?

A

A system of justice where 2 parties to a dispute present their case to a neutral third party judge.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the role of a judge in the adversarial system?

A

A judge is the official who presides over a court. A qualified lawyer who: umpires, supervises and ensures parties to trial have acknowledged And are following the rules of evidence and procedure.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is an judge?

A

The official who presides over a court. A qualified lawyer who: umpires, supervises and ensures parties to trial have acknowledged And are following the rules of evidence and procedure.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the role of the jury?

A

The jurors role is to ascertain the facts and establish whether the accused is guilty of the crime as charged.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is issued by the plaintiff at the beginning of the pretrial process

A

A writ and Statement of claim is issued by the plaintiff

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Who initiates the criminal pretrial stage?

A

The police, they collect the evidence about the alleged offence.
For indictable offences The decision to procedure is made by the office of public prosecutions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Who is responsible for the preparation and presentation of their case in the adversarial system?

A

Criminal- the case for prosecution is presented by state

Civil- both the plaintiff and defendant have private counsel

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Who conducts the trial

A

An independent and impartial adjudicator ( magistrate or judge) is responsible for assuring a fair trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Is the trial conducted in a single continuous hearing?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Difference between civil and criminal law?

A

Civil- concerned with disputes between individuals and action is taken by aggravated party
Criminal- is concerned with wrongs committed against an individual but regarded as harmful to society as a whole, action is taken against the wrong doer in the name of society

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Example of civil law?

A

Marital dispute, negligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Examples of criminal law?

A

Stealing, murder, embezzlement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is the ‘punisment/ outcome’ of a civil case called

A

A remedy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the ‘outcome/punishment’ of a criminal trial called?

A

Sanction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What are the types of remedies?

A
  • damages (compensatory, exemplary, nominal)
  • injunctions- a court order to carry out or not carry out a certain act
  • orders of specific performance- orders made by court to compel parties to fulfil obligations (contracts etc.)
  • orders of restitution and rescission - court order to return property to plaintiff
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Types of sentences?

A

Custodial
Suspended custodial
Community work orders
Fines/ bonds

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What must be proved in civil trials?

A

Defendent is liable on the balance of probabilities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What must be proved in criminal trials?

A

Defendant is guilty beyond reasonable doubt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What are 4 carptergories of torts?

A

Negligence, tresspass, defamation and nuisance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is defamation?

A

Publication of untrue words or images to a person that damages the reputation of another

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is slander

A

Defamation if spoken in words

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Wha is libel?

A

Defamation if via words or images

23
Q

What are the 4 elements of defamation

A
  1. The statement made against plaintiff is defamatory
  2. A third party would interpret the statement as referring to the plaintiff
  3. The statement identifies the plaintiff
  4. The statement is published to a third party
24
Q

What is nuisance

A

Any civil wrong committed against a plaintiffs right of use and enjoyment of their land.

25
Q

What 2 catergories can nuisance be divided into?

A

Private and public

26
Q

When does private nuisance occur

A

When civil wrong is committed against an individual, class of population or against land

27
Q

When does public nuisance occur

A

It’s related to criminal acts
Plaintiff must prove nuisance was unreasonable and substantial. Must prove it affected reasonable comfort of life for the public

28
Q

3’types of trespass?

A

Trespass against land
Trespass agains person
Trespass against chattels

29
Q

Who has burden of proof in civil cases?

A

Plaintiff

30
Q

Who has burden of proof in criminal cases?

A

The prosecution

31
Q

3 stages of pretrial procedure in civil cases?

A

1, pleading documents
2, further and better particulars
3, certificate of readiness for trial

32
Q

What are the parts of the pleading stage in the civil pretrial process

A
  1. Writ and statement of claim
  2. Service
  3. Notice of appearance
  4. Statement of defence / counterclaim
33
Q

What is a writ?

A

A document which informs defendant f case against them, where it will be heard and mode of trial

34
Q

What is the statement of claim?

A

Claim which outlines actions and events which gave rise to the claim, and the remedy sought by the plaintiff

35
Q

What happens in the service stage of the pleading documents stage?

A

It is the delivery of the formal writ to the defendent

36
Q

What is the notice of appearance?

A

The defendant lodges it, the notice confirms that the defendant accepts jurisdiction and that he will defend the action

37
Q

What is the statement of defence?

A

The def mdantsane statement which responds directly to the points in the statement of claim

38
Q

What are the is stage 2 of the pretrial process?

A

The further and better particulars document stage includes: Interrogatories and discovery

39
Q

What are interrogatories?

A

Formal set of questions that are served by the plaintiff and/ or the defendant on the other.
Designed to clarify facts and issues raised during pleading stage

40
Q

What is the notice of discovery?

A

Both plaintiff and defendant can serve a notice of discovery.
The party who is served must provide the other with copies of documents that are relevant to the case.
Parties cannot hide documents detrimental to their case

41
Q

What is the third stage of the pretrial process

A

The certificate of readiness for court

42
Q

What is the aim of the pretrial process?

A

To try and avoid going to court and encourage settlement out of court.
It also ensures that cases are ready for court, avoiding delay in the system

43
Q

Steps of civil trial process?

A
  • clerk outlines case
  • opening statements
  • witness called
  • examination in chief
  • cross examination
  • reexamination
  • repeat with all witnesses
  • closing statements
  • judgement made
44
Q

What are the types of criminal offences

A

Summary and indictable and indictable tried summarily.

45
Q

What do police do in the criminal pretrial procedure

A

Examine crime scene, produce material evidence, find possible suspects.
Seek information by questioning witnesses. To search a premises they require a warrant

46
Q

Pretrial stage of summary offence?

A

Summary- Formal charges filed in magistrates court, magistrate court issues and serves summon to defendant

47
Q

Where is a summary case heard?

A

Magistrate

48
Q

Pretrial procedure for indictable offences?

A
  • advised of charge made against them, entitled to apply for bail
  • if denied accused is remanded in custody to appear in court at a fixed date
49
Q

Trial procedure for indictable offences?

A

Same as summary except for judge addresses jury after closing address. Jury retires to consider and announces verdict. Judge sentences after, if accused is found guilty.

50
Q

Summary trial process

A

Prosecution outlines case

  • opening statements
  • witness called
  • examination in chief
  • cross examination
  • reexamination
  • repeat with all witnesses
  • closing statements
  • judgement made
51
Q

What are the rules of evidence?

A

Relevance- info must be relevant to case at hand
Privilege -evidence can not be produced if it is privileged
Hearsay-no third person, unsubstantiated comments
Similar fact evidence- can’t look at prior convictions
Corroboration- certain witnesses evident (eg. Children
) must be corroborated by other witnesses
Right to remain silent- defendant cannot be compelled to I’ve evidence in a criminal trial

52
Q

What social values are reflected in the law

A

Respect for life
Equality
Freedom and tolerance
Protection of the law

53
Q

Elements of rule of law

A
  • equal under law
  • law applies to all
  • accountable exec
  • easily understood and non retrospective
54
Q

Elements of access to justice?

A

People require access to the courts and legal processes

  1. People who make legal decisions must be free from bias and make decisions based on the law
  2. Legal aid is important in a complex and adversarial system
  3. Pro bono work from lawyers where legal aid is not available
  4. The legal system must make reasonable allowances for self represented litigant

Politics And Law- year 11 (6 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions