Term 1 Legal Studies Flashcards
List some Careers for Legal studies.
Lawyer, Barrister, Judge, Representative, Prime Minister
What 5 things make laws effective?
Enforceability, Specification, Usefulness, Context, and Reason.
What is rule of law?
Everyone is equal under the law, and no one is discriminated or favorited under the law.
List 3 Factors that lead to youth crime.
Homelessness, Absent Parents, Peer Pressure, lack of maturity, lack of role models, mental illness, lack of education
What are the 3 steps to an arrest?
- Officer states you are under arrest
- The officer states the reason
- You surrender volunteerily or the officer uses physical force.
What is a summary offence?
A less serious crime.
Who hears a summary offence?
Magistrate
What is an example of a summary offence?
Graffiti, Trespassing, Fare evasion
What is an Indictable Offence?
Serious crimes
Who hears indictable offences?
Judges and Juries
Example of an indictable offence?
Murder, Treason, Grievous bodily harm.
What rights do you have during an arrest?
- You can only be held for 8 hours
- Right to medical attention
What do you have to do during arrest?
Provide name and address.
Do you have to go with police if arrested?
YEs
Can the police keep your finger-prints if you are not charged.
Only up to 6 months, after that they have to destroy them.
Do you have the right to remain silent in Australia?
You only have to answer questions related to suspected offence.
Do you have the right to a call for a summary offence?
You do not.
Do you have the right to a call for an indictable offence?
Yes
What is a QP9 sheet?
A QP9 sheet is a summary of a case.
Can you appeal a decision in Magistrates court?
Yes
Can you appeal a decision in Supreme Court?
Only if you have been given the right to do so.
What is the definition of Refugee?
A person fleeing their country out of fear of prosecution or discrimination.
What is the definition of an Internally displaced person?
A person that has been moved across their country from war or famine.
What is a stateless person?
A person that has a citizenship that is not recognised by another state
What is an example of a stateless person?
Israelites in Palestine.
What is criminal law?
Criminal law when the police are involved and the offence is often commited against the state or community.
What is a civil law?
A civil law is between 2 individual parties.
Example of a criminal law?
Murder
What is the presumption of innocence?
The presumption of innocence is that a person is believed innocent until they are proven guilty beyond a reasonable doubt.
What is the aim of criminal law?
To protect society and sanction offenders.
What is the aim of civil law?
To remedy a wrong
What are some possible consequences in criminal law?
Sanctions, restrictions, jail time.
What are some possible consequences in civil law?
Remedy and monetary compensation.
Are the police involved in a civil case?
NO
Are the police involved in a criminal case?
Yes
What degree of proof is used in a criminal case?
Beyond a reasonable doubt
What standard of proof is used in a civil case?
Balance of probabilities.
What does balance of probabilities mean in terms of a civil case?
It means that if a person is determined to be 80% responsible for the wrongdoing, then they will compensate 80%.
What is the juvenile age of responsibility in QLD?
10-16 years old
When can you get your learners?
16 years old
When can you take the learners test?
15 years and 11 Months
How old do you have to be to be considered an adult in the eyes of the law in QLD
18
What is the policy pertaining detention of youths?
It should be a last resort.
What is a penalty unit?
An easy way of organising fines.
What is a penalty unit worth?
$110
How many demerits is it for driving with a mobile phone?
4 demerits
Which act applies to youth?
Youth Justice Act 1992
What is a warrant?
A warrant is a piece of paper allowing cops to search homes, cars, and arrest people.
Which act outlines police rights and obligations?
Police Powers and Responsibilities 2000. (PPR)
What is international law?
International law is the rules and regulations on how nations are allowed to interact with each other.
What does sovereignty mean?
Sovereignty is a state’s right to govern itself.
What is the International Criminal Court’s responsibility?
To investigate, prosecute, and try individuals who commit the most serious crimes against the international community.
What is the International Court of Justice responsibility?
To seize or designate anything to do with international disputes.
Define a human right.
The rights and guarantees that you get just for existing.
List 4 things a state needs to do to be recognized as independent.
- Have physical land
- Have a stable population
- Ability to enforce domestic policy
- Ability to maintain foreign relations.
Define Sovereign Equality.
All international states should be considered equal before an international law is passed.
What does Draconian mean?
When a countries laws are harsh, excessive, and dangerous.
What does non-refoulment mean?
It means a country sent back refugees while they were still able to be prosecuted in that country.
What is a constitution?
A set of rules for a government to follow.
State what specific powers are.
Powers that only the Commonwealth have.
State what Residual powers are.
Powers that the state government have.
What is a bilateral treaty?
A treaty between 2 nations.
What is a multilateral treaty?
A treaty between 3 or more nations.
