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VCE LEGAL STUDIES UNITS 3/4 (2024) > Summary Notes > Flashcards

Summary Notes Flashcards

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1
Q

Define Summary Offences.

A

Less serious crimes with simpler court procedures, are usually heard in the Magistrates’ Court.

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2
Q

Define Indictable Offences.

A

More serious crimes with complex court procedures, are often heard in higher courts like the Supreme Court.

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3
Q

Define the Principles of Justice.

A
  • Fairness: Impartial and unbiased treatment (participate).
  • Equality: Equal protection without discrimination (engage).
  • Access: Ability to participate in the legal system (engage).
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4
Q

Explain Legal practitioners in criminal cases.

A

Legal practitioners in criminal cases for:
- Expertise: navigate laws & procedures
- Representation: Defend rights, and challenge evidence.
- Guidance: Navigate court processes.
- Fair Trial Assurance: Contribute to a just legal process.

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5
Q

Explain the key principles of the Victorian Criminal Justice System.

A

Key principles of the Victorian Criminal Justice System include:

Burden of Proof: The responsibility of the prosecution to prove the accused guilt beyond a reasonable doubt.

Standard of Proof: The level of proof required in criminal cases; the evidence must be so convincing that there is no reasonable doubt of the accused guilt.

Presumption of Innocence: The principle that an accused is presumed innocent until proven guilty by the prosecution. It places the burden of proof on the prosecution to establish guilt.

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6
Q

Explain the role of institutions available to assist an accused and victims of crime.

A

The role of institutions available to assist an accused and victims of crime:

  • Victoria Legal Aid: assists accused individuals, providing legal representation and advice.
  • Community Legal Centres: offer legal support to both accused and crime victims, ensuring broader access to justice in Victoria.
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7
Q

Explain the Impacts on the Principles of Justice.

A

Impacts on the Principles of Justice:

  • Costs: Financial barriers limit fair representation.
  • Time: Lengthy proceedings risk injustice and evidence issues.
  • Cultural Differences: Diverse backgrounds may lead to unequal treatment.
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8
Q

Explain Plea Negotiations.

A

Plea negotiations: Accused and prosecution discuss charges for an efficient resolution.

  • Purpose: resolves cases, reduces court burden, ensures fair compromise, and brings certainty
  • Appropriateness: Suited for less severe offences, weak evidence, first-time offenders and victim agreement
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9
Q

Explain the reason they impose sanctions.

A

The reason they impose sanctions:

  • Rehabilitation: Helping offenders reintegrate into society.
  • Punishment: Imposing penalties for wrongdoing.
  • Deterrence: Discourage potential offenders in society (general) and convicted from reoffending (specific)
  • Denunciation: Condemning and stigmatising criminal acts.
  • Protection: Safeguarding society from potential harm.
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10
Q

Explain the Rights of an Accused.

A

Right to be tried without unreasonable delay: Avoiding unreasonable delays in court proceedings & having a timely trial.

Right to silence: Accused can avoid self-incrimination during questioning or interrogation.

Right to Trial by Jury: The option for a trial to be heard and decided by a jury of peers.

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11
Q

Explain the reason for Court hierarchy.

A

Reasons for courts having a hierachy:

  • Specialisation: Courts with distinct roles for various case complexities.
  • Appeals: Allows for review and correction of legal decisions.
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12
Q

Explain the Penalty Purposes.

A

They impose penalties because:

  • Fines: Financial penalty to deter and punish offenders.
  • Community Corrections Orders: Rehabilitation and community reintegration.
  • Imprisonment: Punishment, deterrence, and protection of society.
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13
Q

Explain the Rights of a Victim.

A
  • Right to give evidence using alternative arrangements: Victims can testify comfortably using alternative arrangements for legal proceedings (e.g. via video link).
  • Right to Be Informed About the Proceedings: Ensuring victims are kept informed about the legal process and developments in their case.
  • Right to Be Informed of the Likely Release Date of the offender: Providing victims with information about the potential release.
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14
Q

Explain the roles of key personnel in a criminal case.

A

The roles of key personnel in a criminal case include:

  • Judge/Magistrate: Oversees the trial, ensures legal procedures are followed, provides legal rulings and pronounces sentences.
  • Jury: assesses evidence, deliberates, and reaches a verdict, deciding guilt or innocence impartially
  • Parties: Prosecution (accuser) and defence (accused) present evidence, argue their cases and ensure a fair trial.
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15
Q

Explain Sentencing Factors.

A
  • Aggravating Factors: Circumstances that make the offense more severe.
  • Mitigating Factors: Circumstances that reduce the seriousness of the offense.
  • Guilty Pleas: Cooperation by the accused, may lead to a lighter sentence.
  • Victim Impact Statements: Statements by victims that can influence sentencing decisions.
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16
Q

Explain the Key principles of the Victorian Civil Justice System.

A
  • Burden of Proof: The responsibility to prove a claim or defense in civil cases.
  • Standard of Proof: The degree of evidence required to win a civil case.
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17
Q

Explain the roles of key personnel in a civil
dispute.

A
  • Judge/Magistrate: Oversees proceedings, rules on legal matters, and ensures fairness. Case. Management: Guides pre-trial procedures, ensures efficient case progression.
  • Jury: Not always involved in civil disputes, they listens to evidence and reach a verdict in some cases, particularly in defamation suits.
  • Parties: Plaintiff (the one initiating the case and seeking a remedies) and defendant (the one defending against the claim and responding to allegations).
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18
Q

Explain CAV, VCAT & Courts.

A

The CAV , VCAT and the courtsin resolving civil disputes:

Consumer Affairs Victoria:
- Purpose: Safeguard consumer rights.
- Appropriate for: Consumer-related issues, prioritising fairness.

Victorian Civil and Administrative Tribunal (VCAT):
- Purpose: Efficient resolution for diverse disputes.
- Appropriate for: Wide range of civil matters, offering an alternative to formal courts.

Courts:
- Purpose: Adjudicate legal disputes, enforce laws.
- Appropriate for: Complex or high-stakes cases, applying legal principles and precedents.

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19
Q

Explain the factors you need to consider when initiating a civil claim.

A

These are the factors you need to consider when initiating a civil claim:

  • Costs: Evaluation of expenses involved in pursuing the claim.
  • Limitation of Actions: Review of time limits for filing a claim.
  • Enforcement Issues: Anticipating challenges in enforcing court orders if successful.
20
Q

Explain the principles of justice.

A
  • Fairness: Impartial treatment for equitable dispute resolution.
  • Equality: Ensuring equal consideration for all parties involved.
  • Access: Facilitating fair & accessible legal processes for everyone.
21
Q

Explain Legal Practitioners.

A

Legal practitioners in civil disputes for:
- Expertise: Navigate laws, provide legal advice.
- Representation: Advocate for clients in court, negotiate settlements.
- Procedural Knowledge: Navigate legal processes, prepare documentation.
- Conflict Resolution: Facilitate dispute resolution, provide strategic advice.
- Legal Protection: Safeguard clients’ rights, minimise legal risks.

22
Q

Explain Civil Factors.

A

Impact of Costs & Time on Civil System:

Costs:
- Challenge: Financial barriers limit access to legal representation.
- Impact: Unequal representation may compromise fairness and justice.

Time:
- Challenge: Lengthy legal proceedings can cause delays.
- Impact: May lead to injustice, affect evidence integrity, and harm parties involved.

23
Q

Explain the Dispute Resolution Methods.

A

MEDIATION
* Purpose: Facilitate negotiation.
* Appropriate for: Willing collaborators, non-binding resolution.

CONCILIATION
* Purpose: Assist settlement.
* Appropriate for: Need for guidance, active third-party role.

ARBITRATION
* Purpose: Impartial decision.
* Appropriate for: Final, enforceable resolution without court.

24
Q

Explain class actions.

A

Class actions serve as a collective and efficient approach to resolving civil disputes, particularly when multiple individuals share common issues or grievances.

Class actions in civil disputes can be used for:
* Efficiency: Consolidates similar claims into a single lawsuit.
* Accessibility: Provides a mechanism for individuals with common grievances.
* Economic Considerations: Allows individuals to share legal costs and resources.
* Judicial Efficiency: Streamlines court proceedings for mass grievances.
* Equal Treatment: Ensures consistent treatment for all class members.

25
Q

Explain damages and injunctions.

A

Damages: Monetary compensation for losses suffered.
* Purpose: To financially compensate the injured party for their losses, making them “whole” again.
* Objective: Restore the injured party to the position they would be in without the harm.
* Types: compensatory and punitive/exemplary

Injunctions: Court orders that require or prohibit certain actions.
* Purpose: To prevent harm, enforce specific performance, or maintain the status quo.
* Objective: Prevent irreparable harm, maintain the status quo, or enforce specific conduct.
* Types: prohibitory and mandatory

26
Q

Explain the reasons for the Victorian Court Hierarchy.

A

Reasons for Victorian Court Hierarchy:
* Administrative Convenience: Efficient handling of cases through specialised courts.
* Appeals: Providing avenues for reviewing and correcting decisions.

27
Q

Explain the Crown and Parliament Roles.

A

Crown and Parliament Roles:
* Crown: The ceremonial head of state with formal approval powers.
* Victorian Parliament: State legislature responsible for creating laws specific to Victoria.
* Commonwealth Parliament: Federal legislature responsible for creating laws applicable across Australia.

These entities collaborate in the legislative process, with the Crown granting royal assent to bills passed by both houses of Parliament, thereby making them law. The Victorian Parliament focuses on state matters, while the Commonwealth Parliament deals with national issues.

28
Q

Explain the division of law-making powers.

A

Division of Law-Making Powers:
* Exclusive Powers (Commonwealth): These are areas of law-making reserved exclusively for the Commonwealth Parliament. Examples include defense, immigration, and currency.
* Concurrent Powers (Both State and Commonwealth: These are areas where both state and Commonwealth parliaments can make laws. Examples include taxation and marriage.
* Residual Powers (State): These are powers not explicitly allocated to the Commonwealth in the Constitution. State parliaments have authority over these areas, which typically cover a wide range of local matters.

29
Q

Explain section 109.

A

Section 109 is a crucial constitutional provision that addresses conflicts between federal and state laws.

  • It establishes that if there is a conflict between a federal law (a law of the Commonwealth) and a state law, the federal law prevails, and the state law is rendered invalid to the extent of the inconsistency. This ensures the supremacy of federal laws in cases of conflict, contributing to the stability and coherence of Australia’s legal system.
30
Q

Explain the factors that affect the ability of parliament to make law.

A

Factors that affect the ability of parliament to make law include:

  • The bicameral structure of parliament: provides checks and balances, but can lead to delays and disagreements.
  • International pressures: treaties influence domestic law, but may limit legislative flexibility.
  • The representative nature of parliament: Reflects diverse public opinions, but may lead to gridlock or consensus challenges.
31
Q

Explain the Australian Constitution Checks on Parliament in Law-Making.

A

Australian Constitution Checks on Parliament in Law-Making:

Role of the High Court:
* Check: High Court interprets and upholds the Constitution.
* Protection: Ensures laws align with the principle of representative government.
* Impact: Invalidates legislation inconsistent with constitutional principles.

Separation of Powers:
* Check: Division of powers among legislative, executive, and judicial branches.
* Protection: Prevents concentration of power, ensuring each branch operates independently.
* Impact: Safeguards against potential abuses and overreach.

Express Protection of Rights:
* Check: Constitution includes certain rights explicitly.
* Protection: Guards against legislative infringement on fundamental rights.
* Impact: Allows the High Court to strike down laws conflicting with these express rights.

32
Q

Explain statutory interpretation.

A

Statutory Interpretation: Courts interpret laws to understand and apply legislative intent effectively.
- Reasons for: Ambiguity & vagueness, Legislative gaps, tech advancements.
- Effects of: Legal clarity, consistency in application, adaptation to changes.

33
Q

Explain the doctrine of precedent.

A

Features of the doctrine of precedent:

  • Binding Precedent: Mandatory for lower courts, ensures legal consistency.
  • Persuasive Precedent: Not binding, offers guidance from other jurisdictions.
  • Reversing: Higher court overturns lower court’s decision.
  • Overruling: Court rejects and replaces a prior precedent.
  • Distinguishing: Emphasises differences to avoid precedent application.
  • Disapproving: Criticises a precedent without overturning it directly.
34
Q

Explain the factors that affect the ability of courts to make laws.

A

Factors that affect the ability of courts to make laws include:

  • Doctrine of Precedent: Guides decisions, balancing consistency and adaptation.
  • Judicial Conservatism/Activism: Shapes outcomes based on interpretative philosophies.
  • Costs and Time: Financial and temporal constraints affect access to justice.
  • Requirement for Standing: Determines who can bring a case to court.
35
Q

Explain the features of the relationship between courts and parliament in law-making.

A

Features of the relationship between courts and parliament in law-making:

  • The supremacy of parliament: Parliament is the supreme legislative authority. Laws take precedence over common law and court decisions.
  • The ability of courts to influence parliament: Courts can indirectly shape law through interpretation. Judicial decisions may prompt
    legislative changes.
  • The codification of common law: Legislation that consolidates and formalises common law principles. Enhances clarity and predictability in legal rules.
  • The abrogation of common law: Parliament can override or modify.
36
Q

Explain the Reasons for Law Reform.

A

Reasons for Law Reform:
* Adaptation to societal changes
* Closing legal loopholes
* Enhancing justice
* Ensuring legal clarity
* Improving effectiveness

37
Q

Explain individuals’ ability to influence law reform.

A

Individuals and groups can play a crucial role in shaping law reform by participating in democratic processes & advocating for change

  • Petitions: Organising/signing allows individuals to voice concerns and gather support.
  • Demonstrations: provide a platform for individuals to express their views and demands for legal change.
  • Use of the Courts: Individuals can also seek legal remedies through the courts by filing lawsuits or legal challenges to existing laws they believe are unjust/ unconstitutional.
38
Q

Explain the media’s Role in Law Reform.

A

The media’s Role in Law Reform
* Informing the Public: media education
* Advocate
* Influence Public Opinion
* Raising Awareness
* Hold accountability: take accountability for actions and decisions

39
Q

Explain the role of the Victorian Law Reform Commission (VLRC).

A

Victorian Law Reform Commission (VLRC) Role:
* Investigation and Research: Conducts thorough research for law reform.
* Recommendations to Government: Submits reports, influencing legislative changes.
* Consultation with Stakeholders: Engages diverse perspectives in the reform process.
* Educational Initiatives: Raises awareness and understanding of legal issues.
* Independent Analysis: Operates independently, ensuring credibility and objectivity.

40
Q

Explain Royal Commissions.

A

Role of Royal Commissions and Parliamentary Committees:

Investigation and Inquiry:
* In-depth analysis, identifying areas for reform.
* Utilise expertise for nuanced understanding.

Recommendations to Government:
* Formulate legislative changes based on inquiry findings.
* Oversee and assess the implementation of recommended reforms.

Public Consultation:
* Engage diverse perspectives for informed recommendations.

Ability to Influence Law Reform:
* Utilise committee members’ expertise for nuanced understanding.
* Operate independently for credibility and objectivity.

41
Q

Explain constitutional reform.

A

Reasons for constitutional reform:
* Adaptation to Change: Reflect evolving values and demographics.
* Protecting Rights: Strengthen fundamental rights protection.
* Enhancing Governance: Improve government structures and processes.
* Rebalancing Federalism: Address power imbalances between federal and state entities.
* Improving Protections: Strengthen checks and balances on government power.

42
Q

Explain the requirements for a Constitutional Referendum Approval.

A

The requirements for a Constitutional Referendum Approval:

Commonwealth Houses:
* Necessity: Approval by both Houses of Parliament.
* Rationale: Ensures legislative support for constitutional changes.

Double Majority:
* Necessity: Approval by national majority and majority of states.
* Rationale: Ensures broad and diverse support across the nation.

This requires a rigorous constitutional amendment process.

43
Q

Explain the Referendum Factors.

A

Referendum success is often a result of a combination of these factors, with broad public support and clear communication playing crucial roles.

  • Public Support: Widespread approval is pivotal for success.
  • Clarity of Proposals: Clear, understandable proposals garner more public support.
  • Political Consensus: Bipartisan or widespread political backing enhances prospects.
  • Leadership Endorsement: support from influential leaders boosts public confidence.
  • Education and Information: An informed public leads to more informed decision-making.
44
Q

Explain the 1967 Referendum.

A

The 1967 referendum was largely significant for the first nations people. It allowed for constitutional recognition, ending discrimination and marking a civil rights milestone.

  • Symbolised a national commitment to equality and reconciliation.
  • Enabled the federal government to legislate for Indigenous Australians, ending discriminatory state laws.
  • Acknowledging Indigenous Australians in the census.
  • Extended the federal government’s responsibility for Indigenous affairs.
  • Marked a pivotal moment in the struggle for Indigenous rights and civil liberties.
45
Q

Explain Future Reform.

A

Possible future constitutional reform, including reform to establish a First Nations Voice in the Australian Constitution are a possible scenario.

FIRST NATIONS VOICE:
* Establish a constitutionally recognised First Nations Voice for enhanced representation.
* Include acknowledgment of Indigenous heritage in the preamble.
* Strengthen constitutional protections for Indigenous rights and interests.
* Embed reconciliation principles and mutual respect.

VCE LEGAL STUDIES UNITS 3/4 (2024) (10 decks)

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